Saxon Weald (202111536)

REPORT

COMPLAINT 202111536

Saxon Weald

7 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 resident is a leaseholder and owns a flat in a purpose built housing scheme. Their complaint concerns the following issues:
   1. The accuracy with which the property and scheme was presented during the sales process, and the accuracy of information provided when purchasing the property.
   2. The landlord’s refusal to buy the property back from the resident.

Determination (jurisdictional decision)

2. 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.
3. 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

4. The resident completed the purchase of their property in January 2018. Their complaint concerns the information provided to them during the sales process, which they state was inaccurate. The resident complained that:
   1. They understood they were purchasing a property for retirees aged over 55 but expected other residents to be relatively independent. However, their experience is that the majority of other residents require a significant amount of support and describe the building as a “nursing home”.
   2. They state that they were told all properties were to be sold or let at market rates, however, they believe many current residents are on affordable rent or other social rents.
   3. During the sales process, the landlord did not provide information, such as the leaseholders handbook, which should have included information about the type of housing scheme the property was located in.
5. The resident explained that their experience of living in the housing scheme is significantly different to what they were told to expect during the sales process. They say that had the landlord provided more accurate information about this, they would not have purchased the property. The resident asked the landlord to consider purchasing their property at market rate to resolve their complaint.
6. The landlord provided information in an email of 28 June 2021 in which it quoted marketing material it says was in use at the time. The landlord highlighted passages about residents of the scheme requiring varying levels of support and care.
7. The landlord provided a final response to the resident’s complaint on 22 July 2021. The landlord apologised for failing to provide the resident with a leaseholder’s handbook, but disagreed that it had failed to adequately inform the resident about the type of housing scheme the property was located in.
8. The landlord confirmed that some residents of the scheme were rented at affordable rates. It could not comment on what may have been discussed at the time the resident purchased their property but said that its sales team would have been aware of this.
9. Finally, the landlord acknowledged that the resident wished to move and offered to waive some of the fees associated with selling the property, however, it stated it was unable to purchase the property from the resident.
10. The resident referred their complaint to this Service.

Reasons

11. Paragraph 39 (i) of the Housing Ombudsman Scheme sets out that “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”.
12. Paragraph 39 (r) of the Scheme sets out 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”
13. It is clear that the resident’s experience at their property has been significantly different to what they had expected, and that this has been incredibly disappointing and distressing for them. This Service is not unsympathetic towards the resident’s housing issues. However, when deciding whether or not to investigate the complaint, we have to assess whether or not we have the appropriate jurisdiction and expertise, and whether we have the power to provide the outcome the resident is seeking.
14. The complaint concerns information provided during the sales process, which we understand took place between October 2017 and January 2018.There are time restrictions on how far back we can investigate housing issues, which would usually rule out this part of the complaint on time. However, there are other more pertinent factors that mean we would not be able to consider this complaint.
15. In this case, the complaint turns on the accuracy of the information provided during the sales process. There is a dispute between the parties about this. The resident insists that the landlord was not clear about the type of housing scheme they were buying into. The landlord has said that the resident would have been aware of this when viewing the property and that its marketing information was clear.
16. There is a dispute about what actually took place during the sales process and an allegation that the property was mis-sold. The Ombudsman cannot cross examine or test either parties’ recollection of events to determine what, on balance, actually took place. Nor can we determine that the resident was sold the expectation of a certain lifestyle, or that this has not been fulfilled by the landlord. This would most likely be a matter for the Court to explore, potentially as a claim for damages.
17. Finally, this Service does not have the power to order the landlord to buy the property back from the resident. Therefore, the outcome the resident is seeking is not one that we can provide.
18. Having considered the information provided by the resident, and for the reasons set out above, I am satisfied that the Ombudsman cannot investigate this complaint.
19. The resident may wish to seek their own independent legal advice if they wish to pursue the matter further.