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Midland Heart Limited (201915568)

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REPORT

COMPLAINT 201915568

Midland Heart Limited

13 December 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 concerns the landlord’s compliance with an out of court settlement for disrepair.

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 tenant of the landlord.
  2. The resident raised a number of repair reports between 2018 and 2019. The resident raised a legal disrepair claim in 2020 and accepted an out of court settlement consisting of the following:

a)     Compensation amounting to £2,250

b)     Completion of a schedule of outstanding works.

  1. The resident raised a complaint explaining that he did not consider that all the repairs were completed in line with the schedule of works.
  2. The landlord provided a stage two response to the complaint on 27 July 2021. The landlord acknowledged that, there were additional works which remained outstanding. The landlord explained that in its opinion, these did not form part of the original schedule of works as they were identified at a post inspection of the property. The landlord accepted that the resident had experienced delays in the completion of the works and stated that it would make arrangements for the additional repairs to take place.

Reasons

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

‘The Ombudsman will not investigate complaints which:

(i) 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;’

  1. The resident’s complaint turns on whether the landlord has completed repairs in line with the out of court settlement reached with the landlord.
  2. The landlord’s position is that it has complied with the terms of the settlement. It states that other issues raised by the resident were not subject to the settlement. The resident continues this to be an ongoing issue with disrepair.  
  3. This Service cannot issue a binding decision about a dispute concerning the meaning of or enforceability of a contract or settlement, this is a matter for the Court.
  4. I am therefore satisfied that this is not a complaint which the Ombudsman can investigate further.
  5. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk