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A2Dominion Homes Limited (201903686)

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REPORT

COMPLAINT 201903686

A2Dominion Homes Limited

8 April 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 the condition of the property when it was let to the resident.

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. In January 2019, the resident raised a formal complaint with her landlord concerning the condition of the property and multiple repair issues.
  2. On 7 June 2019, the landlord issued its final response to the resident’s complaint. Between June and August 2019, the resident sent further correspondence to the landlord.
  3. The resident referred the complaint to this service in December 2021.

Reasons

  1. Paragraph 39 (d) of the Scheme states that: “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure;”
  2. There are time limits on bringing complaints to this service. The Ombudsman considers it important that complaints are brought to landlords and to this service as quickly as possible. The more time that passes between the housing issue and complaint, the less likely it is that accurate records will be available, or that people will accurately recall events. Similarly, there is an expectation that residents will act quickly to reduce the potential impact of the issue they wish to complain about.
  3. The landlord’s final response was issued in July 2019 and included advice about how to refer the complaint to this service. The resident did not bring their complaint to this service until December 2021, more than two years after the final response to the complaint. Therefore, the Ombudsman will not investigate this complaint.
  4. In their complaint to this service, the resident explained that their referral was delayed due to mental health issues and the Covid pandemic which began in 2020. While we are sympathetic to the resident’s circumstances, we consider 12 months a reasonable period in which to refer a housing complaint to this service.