Metropolitan Housing Trust Limited (202003067)

REPORT

COMPLAINT 202003067

Metropolitan Housing Trust Limited

18 October 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:
   1. The resident’s dissatisfaction with the level of redress made by the landlord in its response to an earlier complaint.
   2. Their request to transfer properties.

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 brought a previous complaint to the landlord about repairs in 2019.
5. The resident made a complaint to the landlord in November 2020, as they remined unhappy with the level of redress offered in settlement of their complaint, along with the resident’s wish to be moved out of the property.
6. On 22 January 2021, the landlord issued a letter to the resident which detailed various repair issues spanning the period 2016 to 2019 and confirms the description and completion date of those repairs.
7. In correspondence this Service has seen, the landlord explained to the resident in an email dated 31 January 2021, that as it received a letter of claim from the resident which concerned the issues they had complained about, that the matter would not be considered as part of its complaint procedure. The landlord did not provide Ombudsman referral rights at the time, though the email followed its response to the letter of claim on 22 January 2021.
8. In a telephone call made to our Service on 21 May 2021, it was confirmed with the resident that our Service had received documentation from the landlord with details of the legal claim and that we required time to review this information.
9. Upon reviewing this information, the resident has an active legal disrepair case that they are pursuing with the landlord. The resident issued these legal proceedings on 22 June 2020. The crux of these legal proceedings relates to information given to the resident about drainage at the outset of their tenancy and the subsequent disrepairs. This concerns the same issues brought in their complaint to the landlord.
10. The resident also complained about how the landlord handled their request to transfer to another property.  This Service has seen the Particulars of Claim, paragraphs 14 to 21 also clearly make a claim for breach of contract regarding the landlord’s transfer policy and its consideration of this request.

Reasons

11. Paragraph 39 (h) of the Ombudsman Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

“concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings”.

12. The resident complained about repairs at their property and the handling of a transfer request. The resident has also submitted a claim to Court in which the landlord is named as the defendant. The Particulars of Claim clearly set out that this is about the same issues which the resident has brought to this Service.
13. Paragraph 39 (h) of the Ombudsman Scheme sets out that the Ombudsman cannot investigate complaints which are the subject of legal proceedings. Therefore, the Ombudsman cannot consider this complaint.