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London & Quadrant Housing Trust (202016830)

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REPORT

COMPLAINT 202016830

London & Quadrant Housing Trust

11 November 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 concerns the landlord’s response to enquiries the resident has made about their liability to pay a service charge for a fire risk assessment.

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. In February 2021, the resident lodged a complaint with the landlord concerning their service charge. The resident’s query was that their tenancy agreement states they should not be paying service charges.
  2. The landlord replied to the resident under stage 1 of its complaints process on 9 March 2021. The resident remained unhappy with the response and escalated the matter with the landlord. Amongst some of the reasons the resident remained dissatisfied, was that they had been charged for fire risk assessments but had not received notice that an assessment would be carried out and was not aware that this had taken place.
  3. The landlord responded to the resident’s complaint under stage 2 of its complaints process on 11 June 2021. It explained that a £12 service charge fee was payable towards carrying out a fire risk assessment within the communal areas of the building. It went on to detail why this fee could be recharged to the resident and how it was calculated. The letter also outlined that it was not normal practice for the landlord to notify residents of an upcoming fire risk assessment, as it is considered a “non-intrusive survey that’s undertaken within the communal areas of the building.”
  4. Finally, in the same letter, the landlord also referred to the tenancy agreement and confirmed that it did not set out service charge fees at the commencement of the resident’s tenancy. However, the landlord referenced the General Terms section of the tenancy agreement, where section 6.a on page 2, details changes in the service or other charges are subject to change – and that the landlord must provide at least 28 days’ notice.
  5. The resident brought their complaint to this Service in June 2021 and explained that they remained dissatisfied with the outcome of the landlord’s final response on the matter.

Reasons

  1. Paragraph 39 (i) of the Ombudsman Scheme states that:

“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 liability to pay rent or service charge items, nor the increase of service charges. This is a matter for the First-Tier Property Tribunal. I am therefore satisfied that this is not a complaint which the Ombudsman can consider further.