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Newlon Housing Trust (202102602)

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REPORT

COMPLAINT 202102602

Newlon Housing Trust

27 September 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 the resident is being charged.

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 moved into their property under an assured tenancy on 24 September 2019.
  2. In September 2020 they received notification that their rent was being increased.
  3. Unhappy with the level of increase, the resident contacted the First Tier Tribunal.
  4. The First Tier Tribunal issued its decision on 31 March 2021, setting out that the level of rent being charged was in line with the open market rental value.
  5. The resident believes that the landlord should charge rent at a rate of 80% of the market value, as they should be charged an affordable rent.
  6. The landlord advised that while the resident’s rent was an affordable one, this was set at 80% of the market rent when their tenancy started.
  7. The resident then contacted this Service who made contact with the landlord to ask it to consider a complaint under its complaints process.
  8. On 20 July 2021 the landlord confirmed that it would not consider a formal complaint within its complaints process.
  9. Not satisfied with this response, the resident asked the Ombudsman to consider their complaint.

Reasons

  1. Paragraph 39(h) of the Housing 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 these concerns.

  1. From my review of this complaint, it is clear that the resident’s complaint has already been considered by the First Tier Tribunal. In accordance with paragraph 39(h) of the Scheme, this Service cannot consider complaints that have been subject to legal proceedings.
  2. The resident may find it helpful to contact Shelter in relation to their concerns. The following link provides more information:

Shelter Legal England – Local authority rent and rent increases – Shelter England