Manchester City Council (202307580)

REPORT

COMPLAINT 202307580

Manchester City Council

10 April 2024

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 landlord’s handling of the resident’s reports of anti-social behaviour (ASB).

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 property is a 1 bedroom flat, which the resident sublets from his sister, who is the leaseholder.
5. Since at least January 2020, the resident has reported ASB from groups congregating in communal areas, using drugs and dropping litter. He has also raised concerns about a lack of security in the area which is contributing to this issue.
6. In early June 2023 the resident made a complaint to the landlord, via this Service, about its handling of the ASB. Later that month the landlord provided its stage 1 response. The resident escalated his complaint 6 days later and on 21 July 2023, the landlord provided its final response. Three days later, the resident asked this Service to investigate his complaint.

Reasons

7. Paragraph 25(a) of the Scheme says that people in a landlord/tenant relationship with a member landlord can make complaints to the Ombudsman and this includes leaseholders.
8. In this case, it is the resident’s sister who is the leaseholder and, therefore, it is her that has the requisite landlord/tenant relationship with the landlord, and not the resident.
9. Paragraph 41(a) of the Scheme says that the Ombudsman cannot consider complaints which were not referred to the Ombudsman by one of the people who can use the Scheme.
10. As the resident is not in a landlord/tenant relationship with the landlord, he is not able to make a complaint to the Ombudsman for investigation himself. There is no indication that the non-resident leaseholder has had any part in the complaint or been impacted by the issues raised in the complaint, so the complaint would not be considered on her behalf.
11. Therefore, in accordance with paragraph 41(a) of the Scheme, the complaint about the landlord’s handling of the resident’s reports of ASB, is not within the jurisdiction of the Ombudsman, and will not be investigated further.