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Bernicia Group (202114716)

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REPORT

COMPLAINT 202114716

Bernicia Group

10 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 handling of the resident’s reports their fridge freezer was damaged following an electrical test.

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 tenant of the landlord. They submitted a formal complaint to their landlord following an electrical test carried out by the landlord’s contractor at their property. The resident alleges that the test damaged their fridge freezer and resulted in the loss of food stored within it.
  2. The landlord issued a final response to the resident’s complaint on 2 June 2021. The landlord noted the resident’s concerns that they believe there is a causation between the contractor’s visit to carry out an electrical test and damage to their fridge freezer. The landlord explained that it was satisfied that the test was conducted properly and could not have caused the damage reported by the resident.
  3. The resident contacted this service on 28 September 2021 to advise they remained dissatisfied with the landlord’s final response. They explained they believe that when the landlord’s contractor carried out the electrical test they damaged their freezer, therefore the landlord was liable for the damage and the cost of food they had to dispose.

Reasons

  1. Paragraph 39r of the Scheme states that…

‘’The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.’’

  1. The resident confirmed that the complaint concerns their belief that the landlord’s contractor damaged their fridge freezer, while carrying out an electrical test; therefore, they believe that the landlord is liable for the damage caused to their fridge freezer. The landlord has disputed liability for any damage. Determining liability for damage to property is a matter for the Courts to consider. The Ombudsman cannot issue a binding decision determining liability.
  2. As the resident is seeking an outcome which is not within the Ombudsman’s authority to provide, namely, to determine whether the landlord is liable for the damage to the resident’s fridge freezer, the complaint is outside of the Ombudsman’s jurisdiction to investigate further.
  3. The Ombudsman is aware that this is likely to be a disappointing outcome for the resident. If the resident wishes to pursue this matter further, they may wish to seek their own independent legal advice.