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Norwich City Council (202015236)

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REPORT

COMPLAINT 202015236

Norwich City Council

20 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 is about service charges for sheltered housing support and alarm 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. On 3 March 2021 the resident contacted this service explaining that he had not received a response from the landlord in relation to his complaint about service charges.
  2. He advised this service that he had made his complaint as he was seeking a refund of service charges paid to the landlord over a 2-year period for the provision of sheltered housing support and alarm costs.
  3. The resident added that he was seeking a refund because he neither requested or needed sheltered housing support or the alarm, nor did he feel that the level of the charge being applied for these services was warranted.
  4. On 4 March 2021 and 23 April 2021 this service contacted the landlord and asked that they respond to the resident’s complaint in line with the timescales set out in the Ombudsman’s Complaint Handling Code.
  5. The landlord responded to this service on 28 April 2021 providing a copy of a final complaint response issued to the resident dated 26 March 2021. This service forwarded a copy to the resident on 4 May 2021.
  6. The landlord’s final response of 26 March 2021 said that the support and alarm charges were integral for the provision of supported housing and a fixed sum was applied irrespective of the amount of support received.
  7. The response acknowledged that that the resident had neither asked for nor wanted support, but it provided details of the support offered to the resident by the landlord.
  8. It also suggested that the resident consider a move away from supported housing to general needs housing if he did not require support and the charges relating to this. 
  9. The resident contacted this service again on 6 May 2021 setting out why he opposed the charges applied by the landlord for sheltered housing support and the alarm. 

Reasons

  1. Paragraph 39(i) of the Scheme states:

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion 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”.

The resident pays a fixed service charge as part of their rent for sheltered housing services. In their complaint, the resident set out that they do not believe the landlord should charge this, stating that they do not make use of this Service. The landlord’s position is that the service charge is set out in the resident’s tenancy agreement, therefore it can charge for this whether or not the resident makes use of the service.

The complaint turns on whether the service charges are in accordance with the tenancy agreement and therefore enforceable by the landlord. The Housing Ombudsman Service cannot issue a binding decision about whether or not the landlord can continue to charge for this item. The First-tier Tribunal or a Court are better placed to consider disputes about the fairness of, or liability to pay service charges, and the landlord’s right to recover these. Therefore, this Service cannot consider this complaint.