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GreenSquareAccord Limited (202103826)

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REPORT

COMPLAINT 202103826

GreenSquareAccord

22 September 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 fulfilment of the terms of a self–build scheme.

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. In 1998, the resident entered into an agreement with the landlord under the self build scheme. The resident says that as part of the scheme the resident would oversee the build and in return would receive a financial sum. The scheme also allowed for the option to enter a shared ownership relationship with the landlord.
  2. The build was completed in 2001.
  3. There is a dispute about whether or not the landlord fulfilled its obligations as part of the self build program. The resident states that they are due ownership of 25% of the property and, alongside this, are entitled to a payment of £18000 for their work in overseeing the construction of the property.
  4. Since the completion of the build, the resident is now in an assured tenancy and is also unhappy with the level of rent.
  5. The resident submitted a complaint to the landlord about these issues.
  6. The landlord provided a final response to the complaint on 1 March 2019. The landlord explained that it had sent a cheque for over £18,000 to the resident in June 2013 which remained uncashed. The landlord also stated, that the resident was presented with opportunities to become a shared owner of the property, which were refused.

Reasons

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

Paragraph 39e:

were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising;

Paragraph 39g:

concern the level of rent or service charge or the amount of the rent or service charge increase;

Paragraph 39i:

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 resident entered into the scheme in 1998. The resident explained that they had not received fulfilment of the agreement in 2015 and raised a formal complaint. The landlord provided a final response to the complaint dated June 2019.
  2. Therefore, the resident raised their complaint with the landlord in 2015 about the fulfilment of an agreement which was entered into in 1998, some 17 years after the relationship was established.  I am satisfied in accordance with paragraph 39e that this is not a complaint which the Ombudsman can consider.
  3. Furthermore, the resident’s complaint is that the fulfilment of the agreement has not taken place.
  4. The landlord’s position is that the resident was sent a cheque for £18,000 in 2013. The landlord therefore considers that it has fulfilled its obligations under the agreement.
  5. This Service cannot issue a binding decision about whether the terms of the agreement are enforceable. Therefore, in line with paragraph 39i this case is better suited to be established by the court and is not a complaint that the Ombudsman can investigate further.
  6. Finally, the resident has also complained about the level of rent which they are currently paying. This Service does not consider complaints about the level of rent.
  7. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk

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