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Karbon Homes Limited (202118373)

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REPORT

COMPLAINT 202118373

Karbon Homes Limited

12 April 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 concerns whether the lease provides right of access over the garden.

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 explained that the landlord had removed a fence panel and installed a gate to allow it and the resident’s neighbours access to the resident’s land. The resident raised concerns that this breached the terms of the lease which in their opinion did not allow for this.
  2. The landlord provided its final response to the complaint on 10 September 2021. The landlord stated that there is a covenant in the lease which provides access to leaseholders of adjoining land and considered the resident should therefore allow such access.
  3. The resident referred their complaint to this Service, explaining that she did not agree with the landlord’s interpretation of the lease.

Reasons

  1. The Housing Ombudsman Scheme states that:

39 (i) – The Ombudsman will not investigate complaints which, in the Ombudsman’s   opinion concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;

  1. This Service cannot issue a binding decision about a dispute concerning the meaning of or enforceability of a contract or an interpretation of the lease, this is a matter for the Court. Therefore, in accordance with paragraph 39(i) this is not a complaint that the Ombudsman can investigate further.
  2. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk