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Lincolnshire Housing Partnership Limited (202102815)

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REPORT

COMPLAINT 202102815

Lincolnshire Housing Partnership Limited

6 July 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 the level of rent.

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 5 May 2021, this service received a letter from the resident explaining that they were was unhappy with the level of rent for their property. The resident explained they understood that they were paying a higher level of rent than their neighbour, who lives in a similar property. 
  2. The resident had also brought this matter to the landlord as a complaint and enclosed its final response of 25 March 2021. The landlord’s response referred to a conversation it had previously had with the resident, during which it had clarified that rent is calculated on the value of the property at the time the property is let and can therefore vary from tenancy to tenancy.
  3. The landlord also said that the Rent and Service Charge manager had looked at the current rent level, confirmed that it was correct and in line with government guidelines, and provided information suggesting the current rent was below the local housing allowance for the property
  4. The resident referred their complaint to this Service on 5 May 2021

Reasons

  1. Paragraph 39(g) of the Housing Ombudsman Scheme states:

“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. It is clear from the Resident’s letter and the accompanying information that the complaint relates to the level of rent that is being charged for the property. Therefore, this Service cannot consider this complaint.
  2. Disputes about the level of rent may fall within the jurisdiction of the First-Tier Tribunal (Property Chamber)
  3. If the resident remains dissatisfied with the level of rent at their property, they may wish to seek further advice from:
    1. Shelter

https://england.shelter.org.uk/

 

  1. Citizens Advice

 

 https://www.citizensadvice.org.uk/