Leeds City Council (202101985)
REPORT
COMPLAINT 202101985
Leeds City Council
6 August 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
- The complaint concerns liability to pay service charges for heating.
Determination (jurisdictional decision)
- 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.
- 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
- The resident submitted a complaint to the landlord stating concerns, in respect of the payment for service charges for heating. The resident explained that she pays for her own heating and her tenancy agreement did not provide for the charges. As such, she did not consider that she should be paying for them.
- The landlord provided a final response to the complaint on 18 June 2021. It explained that the charges had been levied since October 2011 to cover the installation of the new central heating system. The landlord detailed that it believed a variation agreement would have been signed in 2011 in relation to these charges but acknowledged that it was unable to locate the document.
- The landlord explained that it considered the resident had been informed of the change in 2011 and as such, because this was contained within the variation to the original lease, that the charges were enforceable.
Reasons
- Paragraph 39(i) of the Housing Ombudsman Scheme states that:
The Ombudsman will not investigate complaints which, 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;
- The resident’s complaint turns on their belief that their tenancy agreement does not allow the landlord to charge them for heating, therefore she should not pay for this.
- The landlord’s position is that the charges are enforceable through a variation document, and have been charged since 2011. Its position is that the resident is obligated to pay them.
- This Service cannot issue a binding decision about the liability to pay for the service charges. In this case the resident has been clear that her complaint relates directly to a dispute about whether service charges are enforceable. Therefore, this case is better suited to the First-Tier Tribunal and is not a complaint that the Ombudsman can investigate further.
- If the resident remains dissatisfied with this issue, they may wish to seek further assistance from Shelter or Citizens Advice, and their complaint may be one that the First-tier Tribunal can consider.
https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61
https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber