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London & Quadrant Housing Trust (202102841)

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REPORT

COMPLAINT 202102841

London & Quadrant Housing Trust

5 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

  1. The complaint is about the level of rent at the property.

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 is a leaseholder of the landlord and owns a 25% share of the property. The resident raised a complaint to the landlord that the level of rent at their property was too high. The resident explained that they understood that nearby properties similar to theirs were rented out at a substantially lower amount than the rent set for their property. The resident requested that the landlord adjust the rent to be in line with these other properties.
  2. The landlord explained that when setting the level of rent that it follows government guidance. It was satisfied that, at the time the resident’s occupation of the property commenced, the rent was set correctly.
  3. The landlord issued their final response on the 9 March 2021. The landlord set out the value of the share purchased by the resident in 2014 dictated the level of rent agreed. The landlord highlighted that the market value of the property had changed in the time since their purchase, this was reflected in the level of rent for newer tenancies and shared-ownership agreements. The landlord was satisfied that the rent was correctly set at the time and therefore it would not reduce this.
  4. The Ombudsman was provided with a copy of the final response on the 6 May 2021. In their contact with service, the resident explained that their complaint concerns the level of rent which they think is too high. The resident confirmed that the resolution they are seeking is for their rent to be set at the same level as their neighbour.

Reasons

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

The Ombudsman will not investigate complaints which:

     concern the level of rent or service charge or the amount of the rent or service charge increase

The resident’s confirmed that the complaint concerns their level of rent, which they consider to be incorrect. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of rent or their increase.

  1. I am therefore satisfied that, in accordance with paragraph 39(g) of the Scheme, this complaint is not one which the Ombudsman can investigate further.
  2. If the resident remains dissatisfied with this matter, 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.

www.shelter.org.uk

www.citizensadvice.org.uk

Find the right information for you – The Leasehold Advisory Service (lease-advice.org)

First-tier Tribunal (Property Chamber) – GOV.UK (www.gov.uk)