Golding Homes Limited (202205830)

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REPORT

COMPLAINT 202205830

Golding Homes Limited

27 November 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. This complaint is about the landlords handling of the resident’s reports of:
    1. Anti-social behaviour (ASB).
    2. The neighbour’s caravan.
    3. The neighbours CCTV.
    4. Parking issues.
    5. The associated complaint.

Determination (jurisdiction 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 is an assured tenant of the landlord. The tenancy started on 3 December 2018.
  2. The landlord is aware the resident has vulnerabilities.
  3. Between March 2021 and May 2021, the resident reported ASB and tenancy management concerns.
  4. On 11 April 2021, the resident made a complaint to the landlord about its handling of the matters she raised about her neighbour. The landlord has a 2 stage complaints process where a response is provided within 10 working days for stage one and 20 working days for stage two.
  5. The landlord issued its stage 1 response on 11 May 2022. It recognised its mistakes in the handling of the ASB reports and its lack of communication. It upheld the complaint and offered the resident:
    1. £700 compensation for the distress and uncertainty caused.
    2. Mediation with the neighbour.
    3. Mediation with the landlord to rebuild the relationship.
    4. Consultation to implement parking agreement to residents by 3 June 2022.
  6. The landlord also said it would liaise with the resident’s support network and relevant partner agencies to agree how to support the resident and address the reported concerns. And it would instruct solicitors to complete a review of the resident’s reports.
  7. The resident escalated her complaint to stage 2 on 30 May 2022. The landlord issued its stage 2 response on 17 June 2022. The landlord partially upheld the complaint. It acknowledged it did not serve a community protection order or a solicitor’s letter within the agreed timescale. The landlord offered the resident a further £700 compensation.
  8. The resident remained dissatisfied with the outcome of the complaint and submitted a court claim against the landlord on 30 August 2022. In the particulars of claim the resident stated the landlord had:
    1. Failed to uphold its ASB policy allowing ASB from the neighbour from 2019 to 2022.
    2. Failed to uphold the terms and conditions set out in the tenancy agreement in relation to the neighbour keeping a caravan in their garden.
    3. Breach of the Equality Act 2010.
    4. Breach of the Human Rights Act 1998.
  9. A court hearing took place on 10 October 2021 and a default judgement was made. The landlord applied to set aside the order and a hearing is due to take place on 4 June 2024.

Reasons

  1. Paragraph 41 (c) of the Scheme states the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters that are the subject of court proceedings or where the subject of court proceedings where judgement on the merits was given.
  2. The resident’s complaint relating to the landlord’s handing of the reports of ASB and the neighbour keeping a caravan are subject to an on-going court proceedings. Therefore, in accordance with paragraph 41 (c) of the Scheme, the Ombudsman cannot investigate these complaints further.
  3. Paragraph 42 (e) of the Scheme states the Ombudsman may not consider 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.
  4. It is unclear if the resident included the landlord’s handling of the parking issue, the neighbour’s CCTV and its complaints handling within her court claim around the landlord’s failure to adhere to their ASB policy. However, even if the resident had not raised these issues within the court claim, she had the opportunity to do so. Therefore, in accordance with paragraph 42 (e) of the Scheme, the Ombudsman cannot investigate these complaints further.
  5. As the resident is pursuing her complaint under another provision, that being through the civil court process, it is not within the Ombudsman’s jurisdiction to consider this matter further.