Hyde Housing Association Limited (202124830)

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REPORT

COMPLAINT 202124830

Hyde Housing Association Limited

29 November 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. The complaint is about the increase of service charges.
  2. The landlord’s handling of the resident’s request for information about their service charges.

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

  1. The resident holds a lease with the landlord since 2001. The landlord is a housing association.
  2. In February 2021, the resident asked the landlord to provide a detailed breakdown of the service charge for 2020-21. The landlord provided the information in March 2022.
  3. After receiving the breakdown of charges, the resident complained about the increase of service charges. Specifically, that the actual amount charged was more than double what had been estimated by the landlord. The resident queried the landlords accounting methods and stated that services charged for had not been received.
  4. In its complaint response the landlord acknowledged it had provided an incorrect estimate for 1 item that related to a determination made by the First Tier Tribunal in 2019-20. Additionally, the resident informed this service he was bringing the complaint on behalf of himself and other residents in the block.

Reasons

  1. The Housing Ombudsman Scheme sets out the types of complaints which the Ombudsman can and cannot consider. Paragraph 42(d) of the Scheme states that the Ombudsman will not consider complaints, which; ‘concern the level of rent or service charge or the amount of the rent or service charge increase’.
  2. The resident also complained about the timeliness and accuracy of the service charge breakdown the landlord provided. The documents provided indicate a previous decision of the First-Tier Tribunal appears to have impacted the landlords accounting for the period the resident complains about.
  3. Accordingly, the Ombudsman considers that because of the interconnectedness of the issues, it would be more effective for the entirety of the matter to be considered by the First–Tier Tribunal. This is because the First-Tier Tribunal is the appropriate body to consider whether the increase of service charge is reasonable and supported by the appropriate evidence.
  4. Additionally, the First-Tier Tribunal can consider the impact of its previous decision on the matters currently complained about.
  5. This complaint is therefore outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 42 (d) of the Scheme. Details for the Tribunal are as follows:

First-tier Tribunal (Property Chamber) Residential Property
Havant Justice Centre
The Court House
Elmleigh Road
Havant
Hampshire
PO9 2AL
United Kingdom

Email: rpsouthern@justice.gov.uk

Telephone: 01243 779 394