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Aster Communities (202017599)

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REPORT

COMPLAINT 202017599

Aster Communities

23 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:

a.       the level of rent in comparison to neighbouring properties;

b.       the level of service charges.

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 9 March 2020, the resident’s representative raised a complaint concerning rent increases and service charges which related to tree works in the area. In short, the resident’s representative raised concerns about the difference between his mother’s rent and her neighbours. He also requested an explanation of the service charges paid by some neighbouring residents as he believed they may be paying for services that didn’t exist.
  2. The complaint was escalated to stage three of the landlords’ complaints process in October 2020.
  3. The landlord issued its final response to the complaint on 10 December 2020. It explained that the rent charges were correct and that his mother was not subject to any service charges. It offered £100 compensation for the delays in responding to enquiries and the complaint.
  4. The resident brought their complaint to this Service on 31 March 2021.

Reasons

  1. Paragraph 36 and 39 g of the Housing Ombudsman Scheme states that:

36 “The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.”

39 (g) “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern the level of rent or service charge or the amount of the rent or service charge increase;”

  1. This Service understands that it can appear unfair if a resident’s neighbour is paying a different level of rent for a similar property. However, as set out in paragraph 39 (g) of the Scheme, this Service cannot investigate complaints about the level of rent, regardless of why they may have been brought.
  2. The representative has provided significant amounts of information to this Service concerning their complaint about service charges. In summary, this concerns:
    1. Whether the resident’s neighbour is paying correct service charges.
    2. Whether residents on a neighbouring street were recharged through service charges for works which occurred at a different address.
  3. The information provided in support of this part of the complaint makes it clear that the resident does not pay service charges themselves. While it is understandable that the resident may wish to assist their neighbours with their housing issues, these issues do not affect the resident’s property. This Service can only consider complaints about issues which affect the resident’s occupation of their property, the accuracy or fairness of their neighbours service charges is therefore not a complaint that this Service can investigate.
  4. If the resident remains unhappy with the landlord’s response to their complaint about the level of rent, they may wish to seek advice from Shelter or Citizens Advice. In addition, the complaint may be one that the First-tier Tribunal can consider
  5. If the resident’s neighbours wish to pursue a complaint about service charges, they may wish to make their own complaint to the landlord or seek their own advice.
  6. Shelter Get help from Shelter – Shelter England
  7. Citizens Advice Citizens Advice