Gentoo Sunderland Ltd (202108681)
REPORT
COMPLAINT 202108681
Gentoo Sunderland Ltd
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
The complaint is about the level of rent at the property.
Determination (jurisdictional decision)
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.
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
The resident is a tenant of the landlord.
The resident raised a complaint to the landlord that the level of rent at their property was too high. The resident explained that they understood that nearby properties were rented out at a substantially lower amount than the rent set for their property.
The landlord issued their final response on 8 July 2021. The landlord explained that the resident occupies a property with a market rent, which is set higher than social or affordable rent properties. The landlord acknowledged that other properties in the area are rented at social or affordable rents and would therefore be cheaper. It was satisfied that, at the time the resident’s occupation of the property commenced and the tenancy agreement signed, that the rent was set correctly.
The Ombudsman was provided with a copy of the final response on 10 August 2021. In their contact with service, the resident explained that their complaint concerns the level of rent which they think is too high compared to other properties in the area.
Reasons
Paragraph 39(g) of the Scheme states that:
‘The Ombudsman will not investigate complaints which: concern the level of rent or service charge or the amount of the rent or service charge increase’
The resident’s confirmed that the complaint concerns their level of rent, which they consider too high. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of rent.
If the resident remains dissatisfied with this matter, they may wish to seek further assistance from Shelter or Citizens Advice.