Clarion Housing Association Limited (202120354)

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REPORT

COMPLAINT 202120354

Clarion Housing Association Limited

8 April 2022


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 concerns the resident’s liability for rent following the end of the tenancy.

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. On 28 October 2021, the resident submitted a complaint to the landlord. They explained that they had vacated the property in November 2019, but the landlord had charged rent until January 2020.
  2. The landlord provided a final response to the complaint on 20 January 2022. It explained that the resident had not returned the keys for the property, therefore it was able to charge rent until they were received.
  3. The resident referred their complaint to this Service on 28 September 2021.

 

Reasons

  1. 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 matters arising”

  1. We believe it is important that complaints are referred as quickly as possible. It becomes more difficult for both parties to present information and recall events accurately as more time passes since the issue’s occurrence. For this reason, the Ombudsman has set timescales in which we expect a complaint to be referred to a landlord and to this Service.
  2. The resident complained about incidents which occurred in January 2020 in October 2021; more than eighteen months after the incidents occurred. I am therefore satisfied that this is not a complaint which the Ombudsman can consider.