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Southwark Council (202014617)

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REPORT

COMPLAINT 202014617

Southwark Council

25 November 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 relates to the landlord’s decision to ask the resident to pay for heating and hot water costs and the level of those costs. 

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. From 4 January 2021 the landlord expected the resident to pay for heating and hot water costs in the property through a pre-payment meter. The resident complained to the landlord as he felt that his rent payments already covered these costs, and he felt the payments needed were unaffordable.
  2. The landlord responded saying that the resident’s rent payments did not include a charge for heating and hot water, providing a summary of charges included in the tenancy agreement, and explaining that they had absorbed the costs since 2019 while seeking a new service provider.
  3. The landlord said that it was unfair to expect residents to pay for heating and hot water while they sought a new service provider as costs may have increased whilst they were outside of contract. They added that the resident was expected to pay the costs since the new supplier was put in place and they felt the level of the costs fair and reasonable.
  4. In this case, the resident has brought a complaint to this service about their understanding that heating and hot water costs were included within their rent payments. The case also extends to the resident’s views on the reasonableness of the costs that the landlord is expecting him to pay.

Reasons

  1. Paragraph 39(g) of the Housing Ombudsman Scheme sets out that the Ombudsman will not consider complaints which concern the level of rent or service charge of the amount of the rent of service charge increase.
  2. Paragraph 39(i) of the Housing Ombudsman Scheme sets out that the Ombudsman will not consider complaints which 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.
  3. In accordance with paragraphs 39(g) and 39(i) of the Housing Ombudsman Scheme the Ombudsman will not consider a complaint about whether the landlord can expect the resident to pay for heating and hot water costs under the terms of his tenancy or the reasonableness of these costs

This case is now closed. Customer feedback is important to us as it helps us to ensure our service continues to meet customer needs.  We may contact you about this case.  The feedback is very brief, so please help us by responding. 

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