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Haringey Council (202108571)

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REPORT

COMPLAINT 202108571

Haringey Council

11 November 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

  1. The complaint concerns the landlord’s handling of the resident’s concerns that they are being overcharged on rent for their garages.

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 leaseholder of the landlord. Their complaint concerns the rent charges for two garages they rent from the landlord.
  2. The resident raised a formal complaint to the landlord on 14 September 2020. The resident explained they believe they are being overcharged as discounts had not been applied correctly, and that they were due a refund.
  3. The landlord issued a stage one response on 2 October 2020. The landlord confirmed that the resident is entitled to rent one garage at a discounted rate and is not liable for rent on their garage if the garage is within a reasonable distance. The landlord advised the concessionary discount would be applied to the first garage and VAT deducted and backdated to the date it was first applied.
  4. The resident requested an escalation on 7 February 2021. They advised that they remained dissatisfied as the landlord had not responded to their enquiries and they were unhappy that the discount was applied from when the resident first made an enquiry about the charges rather than from the date they reached pensionable age.
  5. The landlord issued a final response to the resident’s complaint on 13 April 2021. The landlord advised as the resident had two garages, the discount only applied to the first garage. The landlord confirmed the concessionary discount had been added to the first garage and the VAT discount backdated to 11 May 2020. The landlord acknowledged there had been delays and awarded the resident £50 compensation in recognition of this.
  6. The resident provided a copy of the final response to this service on 10 July 2021. The resident advised the landlord had overcharged rent for the garages the resident rents for a number of years. They also advised the landlord had incorrectly charged VAT and had not applied the pensioners’ discount from the date she was eligible. The resident explained the compensation offered by the landlord was not sufficient for the stress they experienced, and the time spent chasing the matter. They further explained that they are seeking for the landlord to back date the pensioners’ discount from the date they reached pensionable age and to backdate any VAT discount.
  7. On 19 July 2021, the resident confirmed in an email to this service that their rental agreements for the garages are separate agreements to their leasehold agreement for their home.

Reasons

  1. 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.’
  2. The resident complained about the level of rent they pay for two garages they rent from the landlord.
  3. The resident confirmed that the garages do not form part of their leasehold agreement with the landlord. The resident has use of both garages under a separate commercial agreement with the landlord. This is separate to any other agreement the resident has to occupy the landlord’s residential property.
  4. As the complaint does not relate to the occupancy of the resident’s property, the Ombudsman cannot consider the complaint further.