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GreenSquareAccord Limited (202122363)

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REPORT

COMPLAINT 202122363

GreenSquareAccord Limited

6 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 is about the level of rent at the property.

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 is a tenant of the landlord. They brought a complaint to the landlord about the level of rent they pay, which they state is too high. The resident explained they believe their neighbours pay less rent for similar properties, which they state is unfair.
  2. The landlord issued a final response to the complaint on 1 December 2021. The landlord explained it maintained the comments made at Stage One of the complaint investigation, advising that rent was charged to the resident in accordance with rent convergence and government guidance. The landlord noted that it is possible that neighbours will be paying different rents if there is a difference in the type of tenancy agreement and the date the tenancy commenced.
  3. The Housing Ombudsman was provided a copy of the final response on 5 December 2021. In contact with this service, the resident explained that their complaint concerns the level of rent, stating that they pay significantly more than their neighbours, which they believe is unfair. In an email to this service on 5 December 2021, the resident confirmed that the resolution they are seeking is for the Ombudsman to determine whether the way the landlord had set the rent was legal.

Reasons

  1. Paragraph 39(g) of the Scheme states that:

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern the level of rent or service charge or the amount of the rent or service charge increase;’

  1. The resident confirmed on 5 December 2021 that the complaint concerns their level of rent, which they consider to be unfair. Disputes about whether a tenancy agreement sets an unfair level of rent require a binding decision from a court or other tribunal service.
  2. I am therefore satisfied that, in accordance with paragraph 39(i) of the Scheme, this complaint is not one which the Ombudsman can investigate further.
  3. The Ombudsman understands that this is likely to be disappointing for the resident. The resident may wish to seek independent legal advice to help them assess and clarify this issue.