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Falcon Housing Association C.I.C (202231755)

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REPORT

COMPLAINT 202231755

Falcon Housing Association C.I.C

22 April 2024


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the 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 the Scheme.

In deciding whether a complaint falls within his 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 landlord’s:
    1. Response to concerns about the placement of a vulnerable individual in the downstairs flat.
    2. Handling of reports of anti-social behaviour involving the vulnerable individual.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, consideration must be given to all the circumstances of the case, as there are sometimes reasons why complaints will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaints, as set out above, are not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident has been the leaseholder of the property since 2017. The resident’s lease is not with the landlord. The property is a 2-bedroom first floor flat. The property is occupied by the resident’s tenant (her son), who has vulnerabilities.
  2. In 2021, the landlord accepted a tenancy referral from the NHS for an individual with support needs. After the individual moved into the ground floor flat, the resident told the landlord the neighbour was causing a noise nuisance and her tenant’s health was being affected because of this.
  3. The resident complained to the landlord on 6 February 2023, about a lack of action on the reported noise nuisance. In its response on 14 February 2023, the landlord said it had been assured the neighbour’s support needs could be met by carers, but it had become clear the neighbour’s needs were higher than expected. The landlord said the neighbour’s social worker had been looking for alternative accommodation. However, an offer of accommodation had recently been withdrawn. It agreed the current accommodation was not suitable and said it was working with the social worker to find a solution. It said it had asked carers to do everything possible to minimise noise, and its communication with the resident had not been good enough.
  4. The resident escalated her complaint on 16 February 2023. She said she had been raising concerns since August 2021 and there was still no resolution. She said the landlord was contravening the lease agreement and it should have known about the neighbour’s behaviour before the placement was agreed. The resident said she was looking at renting another property for her tenant and wanted compensation to cover additional costs, and compensation to recognise the mental injury caused to her tenant and the loss of value in her property.
  5. In its final response on 3 March 2023, the landlord said the social worker was continuing to look for alternative accommodation. It said it did ask questions about referrals and took the information provided on trust.
  6. The resident remained dissatisfied and escalated her complaint to the Ombudsman. She said the neighbour was contravening the lease and this was severely affecting her tenant. She wanted the landlord to take all possible action to arrange alternative accommodation for the neighbour, and act in line with its responsibilities in the lease. She also wanted regular updates from the landlord, and compensation for distress caused and making her property unsellable.

Reasons

  1. Paragraph 25 of the Scheme sets out who can make a complaint to the Ombudsman. This makes it clear that the Ombudsman can only investigate a complaint made by a person who is or has been in a landlord/tenant relationship with a member. 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.
  2. The resident has told the Ombudsman that their lease is not with the landlord. The landlord has told the Ombudsman that it has no role in managing the resident’s property. Because of this, and in accordance with paragraph 41a of the Scheme, the Ombudsman cannot investigate the complaint.
  3. The Ombudsman appreciates this determination will be disappointing to the resident. The Ombudsman suggests the resident seeks independent advice on how best to progress the issues they have raised with the landlord and Ombudsman.