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Clarion Housing Association Limited (202222408)

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REPORT

COMPLAINT 202222408

Clarion Housing Association Limited

30 August 2023

 

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 handling of the resident’s reports of a leak in her property and subsequent repairs.

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.

 

  1. 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 is a shared owner, purchasing a share of their property in September 2021. Their property is a flat in a purpose built block and the complaint concerns a leak coming from the resident’s living room ceiling.
  2. The resident stated the leak was a pre-existing issue prior to her ownership, though she first reported it to the landlord in October 2021. The leak has been ongoing for approximately 2 years and occurs intermittently in periods of heavy rainfall. The resident stated part of her ceiling has rotted and has grown fungus and mould.

 

  1. The landlord has investigated on several occasions since 2021 to determine the cause of the leak but has not been successful. The landlord has cited access issues relating to the property above as a reason for the delay, as well as the leak being intermittent.

 

  1. The resident complained to the landlord in March 2022 about the lack of action regarding the leak and a delay in attending repairs. In its response, the landlord acknowledged there were failings in attending the repair and determining the cause of the leak. It offered the resident £500 compensation.

 

  1. The resident remained dissatisfied with this response and escalated her complaint to stage two. In the stage two response from July 2022, the landlord again apologised for the delay. It offered an additional £300 compensation in recognition of the length of time taken to resolve the issue and the inconvenience caused. The landlord said it should have better communicated with the resident and explained its methodology of diagnosing complex leaks.

 

  1. The resident referred her complaint to this Service. She explained the leak was still unresolved, and she was unhappy with the length of time the situation had been ongoing. To put things right, she would like the leak repaired and compensation for the distress and inconvenience.

Reasons

  1. The Housing Ombudsman Scheme (the Scheme) sets out the Ombudsman’s jurisdiction to consider complaints brought before this Service. In particular, paragraph 42 sets out an exhaustive list of the type of complaints the Ombudsman will not consider.
  2. Paragraph 42(f) of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
  3. This means that the Ombudsman will not consider a complaint where, in the Ombudsman’s opinion, the court can handle all the matters now complained of to this Service.  This is because the Ombudsman ought not to make decisions which may affect the findings and orders of the court.  So, where issues can be raised in legal proceedings, the court is the appropriate forum for listening to the arguments and can then reach a decision which is binding on the parties.

 

  1. The resident confirmed to this Service on 30 August 2023 that she had instructed a solicitor, begun legal proceedings and submitted a court claim. Therefore, as the complaint is being considered in court, it is not within the Ombudsman’s jurisdiction and not a complaint the Ombudsman can investigate further.