Newlon Housing Trust (202108218)

REPORT

COMPLAINT 202108218

Newlon Housing Trust

24 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

1. The complaint concerns the landlord’s response to the resident’s request to amend the terms of their tenancy concerning succession rights.

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 explained to this Service that they were a tenant of the landlord at their previous and current properties. They lived in the previous property since 2007 and, when this was no longer suitable for their needs, applied for a new home through the local authority’s housing register. They were successful in an application for their current property and signed an Assured Tenancy commencing on 5 October 2020.
5. The resident explained that the succession terms in the tenancy granted to them in October 2020 differed to those granted in 2007. In their previous tenancy, their children had the right to succeed them to the tenancy, in their current tenancy, they do not.
6. The resident submitted a complaint to the landlord in March 2021 about the succession clause in their tenancy.

7. The landlord provided its final response to the complaint on 30 April 2021. It explained that it had sought legal advice and did not believe that its tenancy failed to comply with the terms of legislation. The landlord explained that the resident had been offered its standard Assured Tenancy. It explained that the resident’s children could apply for discretionary succession, but that succession was not guaranteed in its tenancy agreement, nor in its policy.
8. The resident remained unhappy with the landlord’s response and brought their complaint to our Service in July 2021.

Reasons

9. Paragraph 39 (r) of the Ombudsman 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.

10. The resident’s complaint concerns the terms of their current tenancy, which commenced in October 2020. They explain that they believe this agreement should be altered to include succession rights similar to those granted by the landlord in an earlier tenancy (for a different property), issued sometime around 2007.
11. The resident submitted a complaint requesting that the landlord change the terms of their tenancy, stating that they did not believe it was compliant with legislation, such as the Localism Act (2011).
12. The landlord responded to the complaint, setting out that it believed the tenancy was compliant with legislation, and explaining that the tenancy was its standard Assured Tenancy and that it would not change the terms.
13. This Service cannot issue a binding decision about a dispute concerning the terms of a tenancy agreement, nor can it order a landlord to change the terms of a tenancy agreement. Furthermore, this Service cannot make an assessment about whether a landlord’s housing policy and tenancy agreements are compliant with the correct application of, or the intent of legislation. Such matters are best dealt with by the courts. I am therefore satisfied that this is not a complaint which the Ombudsman can consider further.