Anchor Hanover Group (202122869)

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REPORT

COMPLAINT 202122869

Anchor Hanover Group

1 April 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 is about the landlord’s handling of the resident’s reports of damage to their possessions following a leak.

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. They submitted a formal complaint to their landlord following a leak in their property which damaged their possessions.
  2. The resident contacted this service on 14 January 2022. They explained their complaint concerns water damage to their possessions. They advised they believe that the flood was due to a fault in the pipe work and that the landlord should compensate them £1758 for damage caused.
  3. The landlord issued a final response to the complaint on 9 February 2022. The landlord advised that a contractor attended to the leak within 4 hours of the resident reporting the matter. It explained it attributed the leak to a nut in the pipe work that became loose after years of general wear and tear. The landlord advised the resident would need to pursue the matter via contents insurance, as it did not accept liability.
  4. The resident contacted this service on 23 February 2022 to advise they remained dissatisfied with the landlord’s final response. They advised they were unhappy that the landlord had recommended the resident claim via their insurance. In contact with this service on 31 March 2022, they explained they believe that when the landlord’s contractor carried out repairs several years earlier, that the pipe work could have been damaged, therefore the landlord was liable for the damage.

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. This Service understands that it would have been upsetting when the leak damaged the resident’s possessions. However, this service has to consider whether we have the jurisdiction and expertise to investigate the complaint.
  2. The resident’s complaint is that they believe there was a fault in the pipework which caused a leak, therefore the landlord is liable for the resultant damage and should compensate them accordingly. The landlord has denied any liability.
  3. Determining liability for damage and quantifying, or valuing, any subsequent loss is a matter for the courts. Therefore, the Ombudsman cannot investigate this complaint.
  4. If the resident wishes to pursue the matter further, they may wish to seek their own legal advice.