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Croydon Council (202011528)

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REPORT

COMPLAINT 202011528

Croydon Council

9 February 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 landlord’s response to damages caused to the property following 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.
  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 raised a complaint stating that the landlord had caused damage to the carpet whilst undertaking works at the property. The resident requested financial compensation.
  2. The landlord provided its final response to the complaint on the 13 December 2021. The landlord explained that the complaint had been passed to its insurance provider and as such, it was unable to consider an offer of compensation in relation to the alleged damage. The landlord acknowledged that the resident had experienced delays during the complaints procedure and offered £100 compensation to acknowledge this.
  3. The resident brought a complaint to this Service, explaining that they believed the landlord should be responsible for damage to their property.

 

Reasons

  1. The Housing Ombudsman Scheme states that:

 The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

39 (i) – concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;

  1. The resident has explained that the landlord should be responsible for the damaged items. This Service cannot investigate complaints about an insurance claim as they are a matter for the Court to consider. If the resident remains dissatisfied with the decision of the landlord’s insurers, they may wish to seek legal advice.
  2. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk