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Peabody Trust (202117911)

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REPORT

COMPLAINT 202117911

Catalyst Housing Group Ltd

31 October 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:
    1. The landlord’s handing of repairs to the leaking pipework in the bathroom, which caused damaged to the property.
    2. The condition of the new build when the residents’ purchased the property.

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, in accordance with paragraph 25 of the Housing Ombudsman Scheme, this complaint is outside of the Ombudsman’s jurisdiction.
  3. Paragraph 25 confirms who is eligible to bring a complaint to the Ombudsman. Paragraph 25(a) says, “a person who is or has been in a landlord/tenant relationship with a member landlord” can bring a complaint to the Service. “This includes people who have a lease, tenancy, licence to occupy, service agreement or other arrangement to occupy premises owned or managed by a member”.

Reasons

  1. The Ombudsman has seen HM Land Registry’s Official Copy of the Register of Title relating to the property, along with information from the Land Registry’s website. The information shows the resident is a freeholder. There is no information to show a landlord/tenant relationship existed from the outset of the complaint. The criteria around the premises being owned or managed by a member landlord likewise does not apply. Given the above, the evidence shows the resident is not an eligible complainant and the complaint is therefore outside the Ombudsman’s jurisdiction.