Clarion Housing Association Limited (201907892)

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REPORT

COMPLAINT 201907892

Clarion Housing Association Limited

11 October 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 landlord’s management of the resident’s rent account, which resulted in an overpayment at the resident’s previous property.

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. The resident used to be a shared owner of one of the landlord’s properties.
  2. In September 2019, the resident submitted a complaint to their landlord. They explained that they believed the landlord had failed to account for payments made to their rent account in February and March 2018.
  3. The landlord provided its final response to the complaint on 26 February 2020, explaining that it was satisfied that the payments the resident was querying had been allocated to their rent account.
  4. The resident brought their complaint to this Service on 12 August 2021. During this phone call, the resident explained that they had not brought their complaint sooner as they were in the process of selling their property and were concerned that pursuing their complaint may interfere with this.

 

 

 

 

Reasons

  1. Paragraph 39 (d) of the Ombudsman 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”.

  1. The landlord’s final response letter is dated 26 February 2020. The resident did not refer their complaint to this Service until August 2021. This Service has seen no evidence to suggest that the resident could not have referred their complaint sooner or contact this Service for advice.
  2. I am therefore satisfied that the resident had the opportunity to bring their complaint to the Ombudsman within 12 months of the date of the final response letter but failed to do so. I am therefore satisfied that this is not a complaint which the Ombudsman can consider further.