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Saxon Weald (202120043)

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REPORT

COMPLAINT 202120043

Saxon Weald

28 March 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 application of an age limit to parties wishing to purchase the resident’s property, and whether this is applied fairly to all residents of the housing scheme.

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 owns a property in a sheltered accommodation housing scheme. The scheme’s residents are required to meet a minimum age criteria in order to live there.
  2. The resident chose to sell their property and found that the age restriction was limiting the number of people who may be able to purchase their property, therefore delaying the sales process. They also said that they believed other residents in tenanted properties rented by the landlord did not meet this criterion, therefore they considered it unfair of the landlord to apply it to potential purchasers of their property.
  3. The resident asked the landlord to suspend the age criteria for potential purchasers of their property. When it refused, the resident submitted a complaint about its application of an age criteria upon purchasers of their property; and, that they believed it did not apply this criterion to all residents fairly.
  4. The landlord provided a final response to the resident’s complaint on 7 January 2022. It refused to suspend the age criteria for applicants wishing to purchase the resident’s property. The landlord acknowledged that some of its tenancies do not contain an age restriction, however, it disagreed that any permanent tenants did not meet the same criteria as leaseholders.
  5.  
  6. The resident referred their complaint to this Service on 1 March 2022.

Reasons

  1. Paragraph 36 and 39(i) of the Housing Ombudsman Scheme states that:

36 “The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property”.

39 “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”.

  1. This Service understands that the resident’s complaint about the application of an age limit across the scheme is a point about fairness. However, whether or not the landlord has applied an age restriction to other occupants of the scheme does not affect the resident’s occupation of their property. The Ombudsman can only investigate complaints about matters affecting the resident’s occupation of their property.
  2. The resident has also complained that the clauses in the lease setting out age restrictions for those who may wish to purchase the property are unfair; and, that the landlord’s application of these clauses has also been unfair and made it difficult to sell their property. The landlord’s position is that it is legally required to apply an age criterion to applicants who wish to purchase properties on that housing scheme.
  3. A dispute about the terms or fairness of a leasehold agreement is a matter for the Courts or Tribunal to consider, as they can issue a binding decision upon both parties, the Ombudsman cannot.
  4. Therefore, this part of the reisdent’s case is better suited to be established by the court and is not a complaint that 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

https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61

https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber