Array (202001047)

REPORT

COMPLAINT 202001047

One Housing Group Limited

26 January 2021

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 resident complains about the level of service charge charged in relation to his property and the reasonableness of the charge.

Determination (jurisdictional decision)

2. 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.
3. 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

4. In January 2020 the resident requested information from the landlord in relation to the service charges incurred in 2017/18 which he had queried the previous year. He noted that a refund had previously been agreed but he had not received any further information. The landlord advised that the 2018/19 service charge invoices had been sent.
5. The resident noted that he had yet to receive these and again requested clarification of the charges from the previous year, which he disputed and stated had been agreed as being incorrect.
6. The resident reviewed the 2018/19 accounts querying various charges and sought supporting invoices from the landlord.
7. In March 2020 the resident made a formal complaint about the charges incurred as part of the service charge and the reasonableness of such charges. The resident asserted that a number of the charges were not payable as they did not pertain to his property.
8. The landlord provided its responses noting that the service charges in question remained payable as the services applied to its estate, of which his property formed part of. It noted that the services were essential to keeping the estate in good working order. It provided further explanation and invoices for additional charges the resident had queried.
9. The resident remained dissatisfied with the landlord’s response noting that a refund had been agreed for part of the charges incurred in 2017/18 and that various charges for 2018/19 were not attributable to his property and therefore not payable.

Reasons

10. Paragraph 39(g) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern the level of rent or service charge or the amount of the rent or service charge increase.
11. The resident has clearly stipulated that the level of service charge being charged is unreasonable as he asserts that certain aspects of the charge are not attributable to his property. 
12. The resident asserts that the landlord has overcharged him by incorrectly applying invoices to his service charge account, which pertain to other estates it manages.
13. Consideration of this issue would require the Ombudsman to calculate the service payable and this is not within the Ombudsman’s remit to do so and as such the matter remains outside jurisdiction.
14. The Ombudsman would advise that the resident contact the First-tier Tribunal Property Chamber (Residential Property) as he will be able to make an application for a determination of liability to pay and reasonableness of service charges.