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Inclusion Housing Community Interest Company (202125009)

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REPORT

COMPLAINT 202125009

Inclusion Housing Community Interest Company

12 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 resident’s request for the landlord to write off their rent arrears.

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. The resident was sentenced to a period of four months detention. The resident’s complaint concerns arrears that accrued whilst they were in prison.
  2. This service understands the resident intended to return to the property however the local authority stopped housing benefit payments due to the detention period being over 13 weeks. This led to the resident’s rent account falling into arrears. The landlord’s managing agent tried to appeal this decision.
  3. The resident made a complaint to the landlord on 6 September 2021. The resident advised they were in prison for longer than the cut off point for housing benefit. The resident’s representative took responsibility for the resident’s direct debits. The representative raised concerns that they were not contacted about the arrears. They explained that the arrears would prevent the resident from being able to make a mental health recovery after being in prison.
  4. The landlord provided a final response on 17 November 2021. The landlord advised it wanted to assist the resident in maintaining their tenancy. It explained it would pursue this via approaching charities and other support organisations that may be able to contribute to clearing the arrears, reaching an agreed payment plan that is affordable for the resident and assist in pursuing a discretionary payment from the local authority to reduce the arrears. The landlord advised it did not have authority of consent to discuss the rent account with the representative at the time but advised it made attempts to contact the resident through their social worker. The landlord did not agree to write off the arrears however, stating that the resident is responsible for them.
  5. The resident referred the complaint to this service on 23 February 2022. The resident explained the arrears are seriously affecting their mental health and are preventing them from being able to move on to another property or pay to learn to drive. They believe the landlord should write off the arrears

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 the resident advised they are trying turn their life around after time in prison and that this issue is causing them substantial concern. However, this service has to consider whether or not we have the jurisdiction to investigate this complaint.
  2. The resident’s complaint is about arrears that accrued whilst they were in prison. They advised they were unable to make informed choices about whether to continue their tenancy, or how to manage their rent account, due to being in detention. Therefore, they believe they are not liable for the arrears and the landlord should write them off. The landlord’s position is that the resident is responsible for rent payment and any outstanding arrears, as outlined in their tenancy agreement
  3. This service cannot order the landlord to write off the arrears as determining liability for rent arrears is a matter for the Courts. Therefore, the Ombudsman cannot investigate this complaint as the resident is seeking an outcome that is outside of this service’s jurisdiction to provide.
  4. I am aware that this is likely to be a disappointing outcome for the resident. If the resident wishes to pursue the matter further, they may wish to seek their own legal advice. The resident may also wish to contact the following services for further support:

Turn2us is a national charity that helps people in financial hardship gain access to welfare benefits, charitable grants and support services

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