Hyde Housing Association Limited (202305311)

REPORT

COMPLAINT 202305311

Hyde Housing Association Limited

28 February 2024

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1. The complaint is about the landlord’s handling of the resident’s reports of:
   1. Pest infestations.
   2. Outstanding repairs to the bathroom.
   3. Associated formal complaint.

Determination (Jurisdictional decision)

2. 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.
3. After carefully considering all the evidence, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident is the assured tenant of a 1-bedroom second floor flat owned by the landlord.
5. The documents provided to this Service indicate that the resident submitted a letter of disrepair to the landlord on 7 November 2021, relating to pest infestations and the condition of her home.
6. The landlord wrote to the resident in April 2022 offering financial settlement of her disrepair claim and to complete works within 8 weeks. She declined the landlord’s settlement offer in June 2022 and suggested a counteroffer. She also raised a formal complaint on the same date requesting updates for completion of the work.
7. The landlord responded at stage 1 of its complaints process in June 2022 apologising for delays and distress and offered £250 in compensation. It referred to the disrepair claim and said that any progress with other repairs and further settlement awarded would be discussed directly with its solicitors. The resident responded in August 2022 and escalated her complaint.
8. In its final decision of 9 February 2023, the landlord stated that it would not change its decision. It had given a fair reply based on the information provided by the resident and in line with its policy.
9. The resident remained dissatisfied with the landlord’s response and brought her complaint to this Service stating that there were outstanding repairs to her bathroom.

Reasons

10. Paragraph 41 of the Housing Ombudsman Scheme (the Scheme) states that 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 the court proceedings where judgement on the merits was given.
11. The landlord advised this Service, on 2 January 2024, that legal proceedings had commenced on the matter. It provided documents which demonstrated that a court hearing was held on 1 December 2023 and an order dated 2 January 2024 gave directions to both parties. The matter is listed for a disposal hearing on 3 April 2024.
12. The resident’s complaint to this Service was that the landlord had not completed all work and repairs to her bathroom or adequately dealt with the pest infestations. The documents provided, by the landlord, demonstrated that the matters being addressed in court related to the same issues and her disrepair claim.
13. In accordance with paragraph 41 of the Scheme, the matter is now outside of this Service’s jurisdiction and is a matter to be decided by the courts.