Southern Housing Group Limited (202117950)

REPORT

COMPLAINT 202117950

Southern Housing Group Limited

22 August 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 the landlord’s response to the resident’s reports of disrepair to her bathroom and its handling of the installation of an electric shower.

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

2. On 25 September 2020, the resident raised a new formal complaint with the landlord about the surveyor who had inspected her bathroom the previous day. The resident said that the surveyor had previously agreed to install an electric shower and to replace the bath, sink and radiator as they were rusting, as well as some of the tiling and wallpaper but not all of it. The resident said that she was upset that, having previously been told the whole bathroom would be done, only parts were now being agreed to. The resident said that the surveyor had refused to fix some of the walls and the pipes that were hanging out of the walls, the conversation became heated and she asked to surveyor to leave. The resident said that she wanted a second opinion.
3. On 28 September 2020, the landlord agreed for the same surveyor to attend the  property with its Housing Services Manager to identify if there were any additional works that were required. The following day, in an internal email, the surveyor advised that they had agreed to the following works with the resident:
   1. To renew the damaged bath, which had a chip at top end, and wash hand basin, which had a large crack.
   2. To wash off a small area of mould in the left hand corner of the ceiling in the bathroom and to renew the rusty radiator.
   3. To box in the vertical pipes to right hand side of the WC in bathroom and to renew the ducting behind the WC.
   4. To rub down a small area of wall (rough finish) and decorate to match at floor level by the WHB in the bathroom.
   5. To refix the loose pipework under WHB.
   6. To wash off the mould found under the plaster when tenant stripped off the wallpaper/plaster.
4. On 1 December 2020, an Occupational Therapy (OT) assessment was made of the resident’s bathroom and an over bath shower recommended.
5. The landlord issued its stage 1 complaint response on 15 January 2021. The landlord said that the resident’s bathroom had been inspected on 24 September 2020, the resident did not agree with the list of works provided and it had agreed for a second survey to take place, following which the original list of works had been agreed. The landlord apologised for any miscommunication there had been and confirmed that the OT recommendation had been passed to its internal maintenance team to action.
6. The resident escalated her complaint to stage 2 on 26 January 2021 and, on 30 March 2021, emailed the landlord to say that the bathroom needed to be fully refurbished including replastering the walls The resident provided pictures which she said were evidence that the bathroom was old and dangerous.
7. The landlord issued its final response to the complaint on 25 May 2021 in which it said that a full bathroom refit, including the electric shower recommended by the OT, would be proposed. The landlord offered the resident £589.45 compensation in recognition of its service failure.
8. The resident’s initial contact with this service was on 3 November 2021 and she provided this provided this service with a copy of the landord’s final response on 10 December 2021.
9. On 17 December 2021, the landlord served the resident with a Notice Seeking Possession (NOSP) on the basis of Grounds 10 and 11 Schedule 2, Housing Act 1988, following which the resident bought a counter claim against the landlord for disrepair to her kitchen and bathroom, and its failure to deal with harassment by her neighbour. The legal documents seen by this service refer to the disrepair element of the resident’s counter claim being in relation to outstanding works to her kitchen and bathroom dating back to 2019 and make specific reference to issues raised by the resident as part of her formal complaint, and the £589.45 compensation offered by the landlord in its final response of 25 May 2021.
10. On 26 July 2023, the Court issued a Notice of Trial which included an order for, amongst other matters, the parties to prepare a schedule with regards to the specific items of disrepair or matters leading to the alleged unfitness for habitation. A trial date was set for 19 and 20 October 2023.

Reasons

11. Paragraph 42(f) of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
12. In this case the resident’s complaint regarding her bathroom forms part of the counterclaim she has made against the landlord, which is now subject to legal proceedings.
13. The Notice of Trial dated 26 July 2023, provides the resident with permission to file and serve a supplemental witness statement dealing with who took the photographs she submitted, and when, and to repeat her defence as part of her counter claim. It also provides for both parties to prepare a schedule of specific items of disrepair, or matter leading to alleged unfitness for habitation, when and how the landlord is alleged to have known of the repair or matter leading to unfitness for human habitation, when the matter complained of was remedied (if so by whom) or whether it is outstanding.
14. The notice confirms that the resident had until 24 August 2023 to serve the above information on the landlord and that a trial date had been set for 19 and 20 October 2023.
15. As the resident is pursuing her bathroom disrepair concerns under another provision, that being a counter claim of disrepair to the landlord’s claim for possession, it is not within the Ombudsman’s jurisdiction to consider this matter further.