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Royal Borough of Kensington and Chelsea (202015182)

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REPORT

COMPLAINT 202015182

Royal Borough of Kensington and Chelsea

8 October 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 landlord’s response to damaged caused to the property following a leak.

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 18 February 2019 the resident reported a leak in the property which had caused damage.
  2. The resident stated that the contractors who attended the property did not take appropriate steps to address the leak and as such, the damage to the property worsened. In March 2019, they complained that this amounted to “negligence” and that the landlord was therefore responsible for the damage to their property, and loss of income.
  3. On 3 April 2019 the landlord responded to the complaint at stage 1 of its complaints process. The landlord stated the repair works were delayed due to the type of water tank fitted. The landlord acknowledged that the works could have been undertaken at an earlier opportunity and offered £50 in recognition of its service failure. It explained how the resident could escalate their complaint.
  4. The resident emailed the landlord on 4 April 2021 and rejected its offer of compensation, explaining that they were seeking costs for damage to belongings and their flooring. On the same day, the resident asked the landlord for information about who they could submit a “small claims to”
  5. The landlord provided the resident with contact information for its insurers.
  6. This Service has seen no evidence to show that the resident pursued the matter further as a complaint. We understand that, instead, the resident submitted a claim to the landlord’s insurers.
  7. On 25 February 2021, the insurance team assessed the complaint and provided an offer for £11,258.69 to address the damage to the flooring. The landlord requested that its insurance team also consider the resident’s loss of personal items and on 5 May 2021 an additional offer for £1,749.34 was provided. The resident subsequently accepted the settlement.
  8. The resident brought their complaint to the service explaining that he was unhappy with the operatives whom he considered were a contributory factor to the progression of the leak.

Reasons

  1. The Housing Ombudsman Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

39 (a) –  are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale;

 

39 (i) – concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;

  1. The leak occurred in February 2019, a complaint was brought by the resident in March 2019, and a response at stage one of the landlord’s complaint procedure was provided in April 2019. Shortly thereafter, the resident made a claim to the landlord’s insurers.
  2. This Service can only investigate complaints which have exhausted a landlord’s complaint procedure, and which were brought to this Service within six months of the landlord’s final decision.
  3. An insurance claim is a different process to a complaint, and the outcome is decided by the insurer not the landlord. In this case, the resident had the opportunity to escalate their complaint to stage two of the landlord’s complaint process but chose instead to proceed with a claim to the landlord’s insurers. The complaint has not exhausted the landlord’s complaint procedure, therefore the Ombudsman cannot investigate it.
  4. The only final decision that this Service has seen relates to the resident’s insurance claim, settled in May 2021. This Service cannot investigate complaints about an insurance claim as they are a matter for the Court to consider. If the resident remains dissatisfied with the decision of the landlord’s insurers, they may wish to seek legal advice.
  5. If the resident remains dissatisfied with this issue, they may wish to seek further advice from the Citizen’s Advice Bureau.

www.citizensadvice.org.uk