Network Homes Limited (201900298)

REPORT

COMPLAINT 201900298

Network Homes Limited

20 January 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:

a)     The way the landlord has handled the resident’s reports of outstanding repairs to their property, including but not limited to carbon monoxide leak, damp and mould growth, asbestos and not having heating and hot water in 2019.

b)     The way the landlord has dealt with the resident’s reports of alleged unauthorized entry at their property in 2019.

c)     The way the landlord has dealt with the resident’s transfer request in 2019.

d)     The landlord’s response to the resident’s recent reports of carbon monoxide poisoning and request to be transferred.

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 an assured tenant to the landlord from 10 April 2017.
5. In June 2019, the Housing Ombudsman assisted the resident in raising a formal complaint to the landlord in relation to outstanding repairs to their property.
6. In October 2019, the landlord submitted a possession claim.
7. Following this, the resident has submitted a counter claim to the Court raising issues including the landlord’s handling of the issues set out in their complaint to this Service.
8. The complaint was formally brought to the Housing Ombudsman on 19 August 2020 following a contact from the resident and evidence provided by the landlord that the internal complaints process was exhausted on 20 August 2019.

Reasons

9. Paragraph 39 (h) of the Scheme states that the Ombudsman cannot consider complaints that:

‘Concern matters that are, or have been, the subject of legal proceedings and where a resident has or had the opportunity to raise the subject matter of the complaint as part of those proceedings’

10. There is sufficient evidence indicating that as part of their defense, the resident has raised:

–          The landlord’s handling of repairs in 2019

–          The alleged unauthorized entry by the landlord’s operatives in 2019

–          The resident’s transfer request from 2019.

–          Recent matters raised by the resident about the gas monoxide poisoning and further transfer request.

11. Given the above, I am satisfied that the resident has the opportunity to raise and actually has raised the subject matter of the complaint as part of the legal proceedings initiated by the landlord. As such, under paragraph 39 (h) of the Scheme, the complaint is not one that can be considered by the Ombudsman.