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Peabody Enterprises Limited (202101262)

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REPORT

COMPLAINT 202101262

Peabody Enterprises Limited

28 January 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 parking spaces the resident rents from the landlord.

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, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. On 23 February 2015 the resident entered into a licence agreement to rent two parking bays at the property. The landlord has explained that the parking agreement is separate to the resident’s tenancy.
  2. On 19 January 2021 the resident raised a formal complaint regarding parking charges for her bays on the property. She said that during the Christmas period the landlord informed her that parking restrictions would be lifted for two weeks. She explained that as patrolling was suspended, her charges should have also been suspended. The resident said it was unfair and a breach of contract because the landlord had not enforced the parking restrictions. She questioned why she was charged for parking spaces that anyone had access to, and requested a refund for the two weeks in which parking enforcement had been suspended.

Reasons

  1. Paragraph 39(j) of the Housing Ombudsman Scheme sets out that the Ombudsman, will not investigate complaints which concern the terms and operation of commercial or contractual relationships not connected with the complaints application for, or occupation of, a property for residential purposes.
  2. The complaint concerns a contract the resident entered into with the landlord to rent two car parking spaces, which she believed the landlord was not honouring. This, therefore, is a contractual arrangement separate to the resident’s tenancy agreement, and to the rent she pays. Because of that, in line with paragraph 39(j), this complaint is not one the Ombudsman will investigate.