Bromford Housing Group Limited (202000734)

REPORT

COMPLAINT 202000734

Bromford Housing Group Limited

5 March 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 complaint is about the placement of the landlord’s skip which the resident reports damaged their car.

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. The resident submitted a complaint to the landlord explaining that they believed the landlord was responsible for damage caused to their car when it struck a skip located near to their garage. The resident explained that they believed the location of the skip was the cause of the issue and, therefore, the landlord was liable for the damage to their car.
5. The landlord issued its final response to the complaint on 20 November 2020. The landlord explained that they did not uphold the complaint, based on their assertion that there is no certain proof that the damage done to the resident’s car was caused by the landlord’s placement of the skip. The resident disputed this , explaining they felt the matter was not investigated properly.
6. The Housing Ombudsman was provided a copy of the final response on the 25 November 2020. In a call to our service, the resident explained that they are seeking for the landlord to offer them compensation for the damage to their car.
7. In an email to the Service on the 23 January 2021, the resident confirmed that they believe the landlord is at fault for the damage to their car because of where the landlord placed the skip.

Reasons

8. Paragraph 39r of the Scheme states that…

‘’The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.’’

9. The resident confirmed on the 23 January 2021 that the complaint concerns their belief that the landlord is liable for the damage caused to their car. The landlord has disputed liability for any damage. Determining liability for damage to property is a matter for the Courts to consider. The Ombudsman cannot issue a binding decision determining liability.
10. As the resident is seeking an outcome which is not within the Ombudsman’s authority to provide, namely to determine whether the landlord is liable for the damage to the resident’s car, the complaint is outside of the Ombudsman’s jurisdiction to investigate further.
11. If the resident wishes to pursue this matter further, they may wish to seek their own independent legal advice..