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Stockport Homes Limited (202209594)

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REPORT

COMPLAINT 202209594

Stockport Homes Limited

6 April 2023

 

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. This complaint is about a disputed administration charge following an alleged breach of lease by the leaseholder’s tenants.

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. The complainant is a leaseholder of a property owned and managed by the landlord. She rents her property to tenants. The leaseholder was advised by the landlord that she was in breach of the leasehold agreement because her tenants were allegedly using more parking spaces than allowed in the lease. It asked her to remind her tenants about the parking restrictions. The leaseholder asked the landlord for more information, following which it explained that it would charge her for the investigation it said it would need to conduct to obtain the information she sought
  2. The leaseholder asked again for the information, and the landlord carried out an investigation. It then applied a charge to her service charge account. She raised a formal complaint in response to this as she disputed the appropriateness of the charge. The landlord maintained its position, and the leaseholder brought her complaint to this Service.

Reasons

  1. Paragraph 42(g) of the Scheme states that the Ombudsman may not consider a matter where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure.
  2. In this case, paragraph 7.4.5 of the leaseholder’s lease states that there are circumstances in which the landlord can apply an administration charge in relation to either providing information, or in relation to a breach of lease (either actual or alleged). The landlord’s actions were in accordance with the lease, which means that a dispute about the appropriateness or reasonableness of the charge incurred by the leaseholder can be considered by the Third Tier Property Tribunal. The Tribunal is the specialised organisation who arbitrates lease disputes, and related variable service or administration charges.
  3. As the Tribunal is the more effective and appropriate organisation to consider the leaseholder’s complaint, in line with 42(g) of the Scheme, this complaint is not one the Ombudsman will investigate.
  4. Information about the Tribunal can be found online at: www.gov.uk/housing-tribunals.