London & Quadrant Housing Trust (202014377)

REPORT

COMPLAINT 202014377

London & Quadrant H T

16 June 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 is about the payability and reasonableness of the service charges at the property.

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, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident is a shared ownership leaseholder with the landlord which is a housing association. The freehold of the property is owned by a head landlord.
5. On 3 November 2020 the resident made a formal complaint to the landlord about the service charge at the property. The specific matters complained about were:
   1. that he did not think it was reasonable that he had been charged the management fee as it had been waived for some other residents,
   2. that the service charge included money paying for the landlord’s mistake in having paid the service charge for the ground floor flats,
   3. it was not reasonable for the landlord to charge residents for VAT on services provided by the freeholder’s management company,
   4. that the landlord’s arrangement with the freeholder led to the landlord making unreasonable service charge demands to residents.
6. The landlord provided its final response to the complaint on 4 December 2020.

Reasons

7. Paragraph 39 (i) of the Housing Ombudsman Scheme states that: “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.”
8. Complaints about the payability and reasonableness of service charges are matters for the Frist Tier Tribunal Property Chamber (the tribunal) who can make determinations pursuant to s27A of the Landlord and Tenant Act 1985.
9. As the complaint concerns the payability and reasonableness of service charges it concerns matters where it is quicker, fairer, more reasonable or more effective to seek a remedy through the tribunal and the complaint is therefore outside of the Ombudsman’s jurisdiction to consider.