Four Housing Group Limited (202008720)
REPORT
COMPLAINT 202008720
Four Housing Group Limited
5 March 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
- The complaint concerns the landlord’s response to the resident’s reports that damage was caused to their possessions during repairs to their garage.
- Determination (jurisdictional decision)
- 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, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.
Summary of events
- The landlord informed the resident on the 5 September 2019 that roofing works were due to take place on the garage site at Edinburgh Court, which included the resident’s garage. The resident contacted the landlord to explain that they had a lot of items in the garage. It was agreed that the resident could leave the items in the garage if the resident created a walkway in the middle of the garage and used dust sheets.
- The resident returned to their garage on 13 October 2019 and found some of their items had been damaged and boxes overturned. The resident then raised a complaint to the landlord.
- The landlord issued their final response on 20 February 2020. The landlord apologised for the damage to the resident’s items and the distress caused but did not accept liability for the damage, referring to the letter sent to the resident on the 5 September 2019 which stated that the landlord could not be held accountable for any damage to goods contained within the garages whilst the work took place. The resident brought their complaint to the Housing Ombudsman Service on the 12 November 2020.
- On the 24 December 2020, the resident confirmed that they have an agreement to rent the garage with the landlord, but they do not rent their home from the landlord, nor are they a leaseholder of the landlord.
Reasons
- Paragraph 36 of the Scheme states that…
‘The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.’
- On the 24 December 2020, the resident confirmed that it is just the garage that they rent from the landlord and they do not have a residential property with the landlord. As the complaint concerns a garage, and does not concern the resident’s occupation of a residential property provided by the landlord, it is outside of the Ombudsman’s jurisdiction to consider further.
- As the complaint appears to concern an allegation that the landlord is liable for damage to the resident’s property, they may wish to seek independent legal advice