Clarion Housing Association Limited (202102434)

REPORT

COMPLAINT 202102434

Clarion Housing Association Limited

24 September 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 response to the resident’s request that it refund an advanced rent payment.

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 April 2021, the resident contacted the Ombudsman about a £700 deposit they said they paid when they moved into their property in 1992. They wanted the landlord to repay the deposit.
5. The Ombudsman directed the resident’s complaint to the landlord, who issued its final response on 9 July 2021.
6. In its response, the landlord explained that it does not hold records going back to 1992, but that they believed the payment the resident referred to was more likely to be an advanced payment of rent rather than a deposit.
7. The landlord could not locate a payment of £700 in the residents records, but did confirm that the rent account was in credit by £147.46 and offered to credit this amount to the resident.
8. Unhappy with this response, the resident asked the Ombudsman to investigate.

Reasons

9. Paragraph 39(e) of the Housing Ombudsman Scheme states that:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matter arising.

10. It is important that complaints are made within a reasonable timeframe of the occurrence of the issue being complained. After a long period of time it can be difficult for either party to provide comprehensive records and people’s recollections of events become less dependable.
11. In this case, the resident’s complaint is about a payment that they made at the start of their tenancy in 1992. Almost 30 years passed before the resident made a formal complaint about this, meaning the landlord no longer holds records showing a payment.
12. Paragraph 39(e) of the Scheme sets out that we cannot consider a complaint which, in the Ombudsman’s opinion, has not been brought to the attention of the landlord as a formal complaint within a reasonable period of time.
13. Due to the time that has passed since the payment was allegedly made, it is not possible for this Service to investigate fully.