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Haringey Council (202008836)

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REPORT

COMPLAINT 202008836

Haringey Council

25 January 2022


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 the council’s decision to build on land which the resident used for car parking.

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. In September 2020, the resident received notification from the council’s planning department that permission had been granted to build new homes. The resident has provided this service with details of the concerns and queries she raised with her local councillor about the proposed development. In short, the resident set out that, when her tenancy commenced in 1982, she was also granted verbal permission to use the area of land now earmarked for development as a parking space. The resident understood that this offer was made as part of, or alongside, their occupancy agreement for their property and could not legally be changed by the landlord.
  2. It’s unclear exactly when the resident’s complaint was made to the council. However, the resident has provided this service with a copy of the council’s final response to her complaint on 12 October 2021. The council explained that the resident’s tenancy agreement did not provide a parking space, and that it was unaware of any other agreement granting the resident use of the land it intended to develop. Therefore, it concluded that it had no obligation to contact the resident prior to the consultation process.

Reasons

  1. Paragraph 36 of the Scheme states: 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.
  2. This service can only consider complaints which concern housing issues which affect the resident’s occupation of their property. From the evidence provided to this service, the resident’s tenancy agreement did not include use of a parking space associated with their property. As the resident’s tenancy agreement does not provide them with use of the disputed parking space, this service cannot investigate the complaint as the parking space does not form part of the resident’s property. 
  3. This service understands that it is the resident’s position that they have a separate verbal agreement (dating back some 40 years) which allows for use of the parking space. Proving whether or not such an agreement exists is a matter for the Courts. If the resident wishes to pursue this matter further, they may wish to seek their own legal advice.