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Hyde Housing Association Limited (202102587)

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REPORT

COMPLAINT 202102587

Hyde Housing Association Limited

21 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 complaint is about an increase of rent, which the resident believes has been set too high.

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. The resident contacted the landlord in February 2017 to complain about a rent increase, which they believed had been wrongly applied to their tenancy and was in breach of the regulatory rent standard.
  2. On 21 January 2019, the landlord provided its stage one response to a complaint about an increase of rent and its handling of queries from the resident concerning their rent account. It explained that it had taken over the property from a different landlord in 2016 and that it was liaising with the previous landlord to resolve the resident’s historic concerns about the calculation of rent and service charges. 
  3. On 18 February 2019, the resident escalated their complaint to the landlord about its decision to increase their rent, which they explained was in contravention to the appropriate rent standard for social tenants.
  4. On 1 March 2019, the landlord provided its final response to the complaint. It explained that a manager from its rents department had met the resident to discuss rent setting for the property. However, there had been a disagreement on how a garage charge and service charges had been calculated separate to the residents Target Rent. The landlord explained that, when setting the level of rent for the property, it had adhered to the appropriate legislation concerning Target Rent.
  5. On 10 January 2020, the landlord emailed the resident advising that it had correctly set the rent for both their garage and property since taking over the tenancy in 2016. It explained that under the resident’s previous tenancy, there was one rent figure for the cost of their flat and garage. However, after the resident had moved to a new property in the block in 2008, the cost of their garage was recorded as a separate value. And following a discussion between the parties in April 20217, the landlord had agreed to combine the rent and garage charges to ensure that any increase in the cost of these did not adversely affect the resident.
  6. On 8 January 2021, the resident contacted the Ombudsman to complain about a rent increase, which they believed was in breach of regulatory Rent Standards and had been wrongly applied to their account from April 2017. They also explained that the issue had been ongoing since 2017.
  7. The resident contacted the Ombudsman further on 4 April 2021 explaining that their rent had exceeded the Target Rent from the start of their tenancy and that the landlord had provided contradictory information in response to their queries about the matter.

Reasons

  1. The Housing Ombudsman Scheme sets out the types of complaints which the Ombudsman can and cannot consider.  Paragraph 39(g) of the Scheme states that the Ombudsman will not consider complaints; ‘which concern the level of rent or service charge or the amount of the rent or service charge increase.’
  2. The Housing Ombudsman cannot consider this complaint because it concerns an increase of rent, and we are unable to make binding decisions about the amount or reasonableness of the rent increase.
  3. The First Tier Tribunal (Property Chamber) is the appropriate body to consider whether the increase of rent is reasonable and supported by the appropriate evidence. And it can make a binding decision about the level of rent and whether it is reasonable to increase it. This complaint is therefore outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (g) of the Ombudsman Scheme. Details for the Tribunal are as follows:

The First-Tier Tribunal (Property Chamber)

10 Alfred Place

London

WC1E 7LR

 

Email: rplondon@hmcts.gsi.gov.uk

Telephone 0207 446 7700