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Metropolitan Housing Trust Limited (202010164)

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REPORT

COMPLAINT 202010164

Metropolitan Housing Trust Limited

26 May 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 the landlords handling of the residents reports concerning the maintenance of roads outside the property.

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. The resident originally raised a complaint to the landlord in April 2018 about a pothole outside her home which had caused damage to her vehicle. At this time, the landlord agreed to cover her costs and said it would be carrying out repairs.
  2. On 13 January 2020, the resident raised a further complaint stating that the repairs had not been completed resulting in further damage to her vehicle.
  3. On 10 November 2020, the landlord issued its final response to the complaint. It explained that it had failed to provide correct information regarding who was responsible for the repairs and offered compensation. It referred the resident to this service if she remained dissatisfied.

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 landlord has said that it is responsible for the maintenance of the road. From the information we have been provided, the road does not form part of the residents property and as such does not affect their ability to reside in their home. This means under paragraph 36 of the scheme, this is not a complaint that this service can consider.
  3. In addition, the resident is seeking to claim costs for damages caused to her vehicle. Our service does not have the power to award costs for damages and as such the complaint is likely better suited to the courts to consider.