Haringey London Borough Council (202231673)

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REPORT

COMPLAINT 202231673

Haringey Community Benefit Society

26 July 2024


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the 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 landlord’s response to the resident’s reports about:
    1. antisocial behaviour (ASB);
    2. repairs following a leak into her property.

Determination (jurisdictional decision)

  1. After carefully considering all the evidence, in accordance with paragraph 41(a) of the Scheme, the complaints about the landlord’s response to the resident’s reports about ASB and repairs following a leak into her property are outside of the Ombudsman’s jurisdiction.

Summary of events

  1. The resident has been an assured shorthold tenant at the property since August 2022. The property is a flat within a block of flats. A neighbour lives in the flat above the resident’s property. The resident resides in the property with her young children.
  2. In February 2023, the resident raised a formal complaint about ASB noise from her neighbour. The landlord provided a stage one response on 3 March 2023.
  3. A stage two response was provided on 26 April 2023. This response also addressed the repairs required after a flood into the resident’s property caused by her neighbour. The Ombudsman notes that the stage two response was issued by the local authority on behalf of the landlord.
  4. The resident has advised this service that the neighbour continues to make banging noises and that the steps agreed to in order to reduce the noise (namely for the neighbour to lay carpeting) have not been completed. She has advised that she is in the process of considering relocation through the local authority. The resident has also advised that the necessary repairs were completed in or around June 2024.

Reasons

  1. Paragraph 25(a) of the Scheme notes as follows:

25. The following people can make complaints to the Ombudsman about members:

(a) a person who is or has been in a landlord/tenant relationship with a member.

  1. Paragraph 41(a) of the Scheme notes as follows:

41. The Ombudsman cannot consider complaints, which, in the Ombudsman’s opinion:

(a) were not referred to the Ombudsman by one of the people who can use the Scheme under paragraph 25.

  1. The property is owned by the local authority but is managed by an associated not–for–profit organisation. This organisation is referred to as ‘the landlord’ in this investigation report. The resident’s tenancy agreement is between herself and the landlord. The landlord has advised this service that its complaint responses may be managed by the local authority on its behalf.
  2. The landlord is not a provider of social housing. The landlord is not a member of the Scheme.
  3. A finding under paragraph 41(a) of the Scheme that the complaints are not within the Ombudsman’s jurisdiction has, therefore, been made.
  4. Given that the resident has concerns about the local authority’s investigation of ASB for one of its tenants, the resident may be able to have her complaint investigated by the Local Government and Social Care Ombudsman (LGSCO). The resident has the option to seek further advice from the LGSCO, or otherwise seek independent legal advice.