London Borough of Hackney (202010001)

REPORT

COMPLAINT 202010001

Hackney Council

9 June 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 level of compensation offered by the landlord’s insurer in relation to the resident’s claim for property damage and loss of rental income following a leak from a neighbouring property.

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. 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

3. The resident referred his complaint to this service on 7 December 2020. This was on the basis they were unhappy with the landlord’s handling of a leak from a neighbouring property that had caused damage to his property and loss of rental income. 
4. A copy of the landlord’s final response dated 10 August 2020 was supplied by the resident on 8 December 2020. The final response said that the landlord could not provide the compensation sought by the resident as there was an active claim in with their insurer. The accompanying report set out how the landlord had responded to reports of the leak.
5. To establish if the dispute related to the landlord’s handling of the leak or related to an insurance claim, this service asked the resident for more information about his complaint on 25 January 2021 and 3 February 2021.
6. On 6 February 2021, the resident supplied documents showing that he had exchanged emails with the landlord in relation to their handling of leaks into his property. However, the accompanying email summarising the dispute confirmed that it related to the outcome of a claim made to the landlord’s insurer. The claim number was 005646-002061-GD-01 and the insurer had offered £500 as a goodwill gesture. The resident was seeking £28,015.13p in compensation.
7. During a telephone call with this service on 15 March 2021 it was explained that as the dispute relates to the outcome of an insurance claim this was likely to be outside of our jurisdiction to investigate. This is because damages claims are normally a matter for insurers or the courts.

Reasons

8. Paragraph 39(r) of the Scheme states that:

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.”

9. The resident initially told this service that he was unhappy with the landlord’s handling of the leak and later supplied emails showing that he had been in dialogue with them about this. However, the resident’s summary of the dispute provided on 6 February 2021 and the supporting information entitled ‘Claim against LB Hackney’ show that the dispute relates to the outcome of an insurance claim.
10. As discussed with the resident on 15 March 2021, it is not within the Ombudsman’s authority to determine negligence or consider the outcome of insurance claims. This is because the Ombudsman is unable to make legally-binding decisions in the way that a tribunal or the courts might.
11. The resident may need to consider seeking independent or legal advice if he is unhappy with the outcome of the claim made to the landlord’s insurer.