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A2Dominion Homes Limited (201915585)

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REPORT

COMPLAINT 201915585

A2Dominion Homes Limited

12 January 2020


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme. The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. This complaint is about the landlord’s response to the resident’s request for an extension to her lease.

Determination (jurisdictional issue)

  1. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. 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 as a result of paragraph 39(i) of the Housing Ombudsman Scheme: “39. The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:
    1. concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;”

Summary of events

  1. The resident made a formal complaint on 10 October 2019 on the basis that the landlord had created a precedent when granting a new lease to her neighbour based on their one-third ownership, yet it would not do the same for the resident.
  2. In the landlord’s stage one complaint response of 14 November 2019, the landlord explained that the lease extension for the resident’s neighbour was done as an exception and it was under no obligation to offer the same to other residents. It confirmed that it would not be offering the resident a lease extension on the shared ownership lease for 30% of the premium.
  3. The resident requested to escalate her complaint on 29 November 2019 for the following reasons:
    1. That this was a legal issue and had not been reviewed by a lawyer who understood the consequences of a legal precedent;
    2. That all other landlords in the area offered to renew leases on a proportional basis; and
    3. She needed to complete the landlord’s complaints procedure before she could take the matter further.
  4. In the landlord’s stage two complaint response of 6 January 2020, the landlord confirmed that it had consulted with its legal department and it concluded that its policy was not to offer reduced premiums on lease extensions based on a resident’s equity share. The landlord’s position remained unchanged and this concluded its complaints procedure.

Reasons

  1. In accordance with paragraph 39(i) of the Scheme, the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, are more appropriate for the courts or a tribunal to determine. This Service does not have the authority to provide a binding interpretation of the clauses in the resident’s lease. This is something only a court or tribunal could provide. As a result, this complaint is not within the Housing Ombudsman’s jurisdiction to investigate.
  2. The landlord has secured legal advice to confirm its response. Only the courts can confirm or contradict the advice and response of the landlord given (as above) it relates to a dispute over the meaning of an occupancy agreement.
  3. The resident may wish to seek free and independent legal advice on the matter from LEASE (https://www.lease-advice.org/about-us/), an independent organisation which offers free and independent legal advice on leasehold matters.