Metropolitan Thames Valley Housing (202003059)

REPORT

COMPLAINT 202003059

Metropolitan Housing Trust Limited

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 landlord’s handling of repairs to the guttering.

Determination (jurisdictional decision)

2. 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.
3. 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

4. The resident submitted a complaint to the landlord regarding repairs to the guttering in May 2018. The resident explained that there was a leak in the guttering which resulted in water pouring into the garden when it rained. The resident considered that this made the garden unusable. The resident stated that she felt that the landlord had ignored her reports.
5. The resident requested that this was escalated to the landlord’s final stage of its complaints process on 18 June 2018.
6. The landlord provided a final response to the complaint on 2 May 2019. It explained that it had experienced difficulties in completing the works because of its location and the need for scaffolding to be erected. The landlord stated that it was satisfied that the works had been completed on 16 April 2019. The landlord acknowledged that the resident had experienced delays in its correspondence and offered £400 compensation to reflect this.
7. On 14 July 2020, the resident contacted this Service but did not provide a copy of the landlord’s final response.
8. This Service obtained a copy of the final response from the landlord and sent it to the resident on 8 April 2021.
9. Regrettably, there was a delay in this Service’s handling of the resident’s complaint, and it was not until December 2021 that further contact was made with the resident to discuss this matter. The resident explained that she had not received a copy of the final response until 28 December 2021.

Reasons

10. Paragraph 39d of the Housing Ombudsman Scheme states that:
11. ‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: Were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.’
12. This service has set timescales to bring a complaint for investigation. We believe it is important that complaints are referred as quickly as possible as it becomes more difficult for both parties to present information and recall events accurately as more time passes since the issue’s occurrence. The Ombudsman considers that twelve months following the issue of the final response is a reasonable period of time in which to raise a complaint.
13. The information provided to this Service shows that the landlord sent the resident a final response to their complaint on 2 May 2019. The resident did not contact this Service for further assistance until 14 July 2020.
14. The resident states that they did not receive their landlord’s letter at the time it was sent. This Service cannot comment on whether or not this is the case, we can only make decisions based on the evidence provided. The information provided in support of this complaint shows that a period of more than 14 months elapsed between the landlord’s final response and the resident’s request for assistance from this Service. It is for this reason that the Ombudsman is not able to consider this complaint.