LiveWest Homes Limited (202009742)
REPORT
COMPLAINT 202009742
LiveWest Homes Limited
5 August 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
Determination (jurisdictional decision)
- 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
- The resident submitted a complaint to the landlord stating concerns, in respect of the payment for service charges. The resident stated that the service charges were excessive and described that they offered poor value for money.
- The landlord provided a final response to the complaint on 7 May 2021. It explained that the charges were levied to cover management services and were increased with inflation on a yearly basis. The landlord detailed that the apportionment of service charges is not negotiable as it is outlined in the existing lease agreement for residents.
- The landlord acknowledged the time taken to provide answers to the resident’s questions and provided an offer of goodwill amounting to £50.00. The landlord explained that this amount was to cover any distress or inconvenience caused because of the delay.
- The resident brought their complaint to this Service and explained that she did not consider that the service charges were reasonable.
Reasons
- Paragraph 39(g) of the Housing Ombudsman Scheme states that:
concern the level of rent or service charge or the amount of the rent or service charge increase;
- The resident’s complaint turns on their belief that the service charges are too high. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of service charges or their increase.
- If the resident remains dissatisfied with this issue, they may wish to seek further assistance from Shelter or Citizens Advice, and their complaint may be one that the First-tier Tribunal can consider.
https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61
https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber