WATMOS Community Homes (202125332)

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REPORT

COMPLAINT 202125332

WATMOS Community Homes

7 April 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 is about the resident’s liability to pay for the cost of electricity used by the landlord when repairing empty properties.

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 is a leaseholder and pays a service charge for communal electricity. The resident states that they observed the landlord’s operatives using the electricity supply for communal areas while carrying out work within empty properties. They complained to the landlord about this, explaining that they did not think it was fair that their service charge costs should increase to cover this.
  2. The resident’s complaint was put forward to the landlord’s review panel and a final response was issued on 14 February 2022. The landlord explained that it was likely that its contractors would have used communal electricity as there was often no supply in empty properties. It explained that it would make an estimated deduction from resident’s service charges for communal electricity to account for this. It referred the resident to this service if he remained unhappy with its response.

Reasons

  1. Paragraph 39 (i) of the Scheme states that: “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;”
  2. The resident is concerned about whether it is fair for the landlord to charge him for the cost of electricity used by its contractors when repairing empty properties. This service does not consider complaints about the level or reasonableness of service charges and cannot make a binding decision on the matter. The First Tier Tribunal (FTT) is the appropriate body to consider whether the service charges are fair or reasonable. Therefore, the Ombudsman cannot consider this complaint in accordance with paragraph 39 (i) of the Scheme.
  3. Further details for the FTT can be found at the link below:

First-tier Tribunal (Property Chamber) – GOV.UK (www.gov.uk)