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Clarion Housing Association Limited (202011727)

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REPORT

COMPLAINT 202011727

Clarion Housing Association Limited

12 July 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 how the landlord has responded to his reports of structural issues and cracks in the 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. After carefully considering all the evidence, this Service has determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction, in line with paragraph 39 (h) of the Housing Ombudsman Scheme

Summary of events

  1. The resident has been reporting problems with cracks that have formed at the property since around 2018. In response, the landlord carried out some minor repairs and conducted a structural report. This found that the block was being affected by seasonal movement and recommended internal and external cracks were repaired, and a CCTV survey carried out. This was done in January and February 2019, along with drain works as were identified by the CCTV survey.
  2. On 27 February 2019, the landlord received a claim from the resident’s solicitor and this was dealt with by the landlord’s solicitor as a legal claim. However, the landlord’s solicitor received no response from the resident’s solicitor until November 2019, when they confirmed that they were no longer pursuing the matter.
  3. The resident continued to report worsening cracks at the property, and in light of this the landlord carried out a second structural report in January 2020. This confirmed that the situation had deteriorated, and the landlord referred the matter to its insurer as a subsidence claim. This claim is ongoing to date, and the landlord has attended the property to carry out minor repairs in the meantime, which the resident has expressed dissatisfaction with, stating that the cracks are so big he is able to see daylight through them, the windows are warped, and there is damp and mould.
  4. On 13 August 2020 the resident’s solicitor sent a pre-action protocol for housing conditions claim letter to the landlord, setting out complaints of structural damage and damp and mould at the property. It asked the landlord to carry out an inspection of the property and prepare a report, which set out whether or not it agreed that the defects were as claimed. Although it was received, the landlord did not log this letter until November 2020, at which point it was referred to the landlord’s own solicitor to action.
  5. Also during this period, the resident made a formal complaint and the landlord provided a final response dated 22 October 2020. In this the landlord set out the background to case and the action that had been taken so far, concluding ‘These types of claims are often complex and do take considerable time to resolve. However, the records demonstrate that we have taken appropriate action as necessary.’ It offered the resident £350 in compensation for the length of time it was taking to resolve the issue (taking into account delays caused by the Covid-19 pandemic).
  6. This Service understands that there was contact between the solicitors through the end of 2020 and into 2021, and on 5 May 2021 the landlord’s solicitor wrote to the resident’s solicitor with its response to the claim, denying liability.
  7. In an email to this Service dated 5 July 2021 the landlord confirmed that the disrepair claim is ongoing. In a telephone call with this Service on 6 July 2021, the resident also confirmed that he had very recently been in touch with his solicitor about the matter, and that it was his intention to continue to pursue a legal course of action.

Reasons

  1. Paragraph 39 (h) of the Housing Ombudsman Scheme states that this Service will not investigate complaints which, in its opinion, concern matters that are, or have been, the subject of legal proceedings and where a resident has or had the opportunity to raise the subject matter of the complaint as part of those proceedings.
  2. Given that legal action has been instigated via the claim letter dated              13 August 2020, and as the resident has confirmed that he intends to pursue this, the matter falls outside of this Service’s jurisdiction to consider.