Octavia Housing (202000816)

REPORT

COMPLAINT 202000816

Octavia Housing

18 May 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 resident is unhappy with the landlord’s response to their complaint regarding works on their property, damage to their garden, pest control and communication problems.

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. In 2019 the resident made several complaints to the landlord about the following issues.
   1. The colour their front door was to be painted.
   2. Communication, contact and interaction with the landlord.
   3. Issues with their garden.
   4. Ongoing cyclical works programme and time taken to carry out works and scaffolding issues.
   5. Pest control and their carpet.
   6. A damaged storage box.
   7. Missed appointments.
5. These were addressed at a complaints panel on 14 January 2020, with the landlord’s final response following on 27 January 2020. As part of its response to the complaint, the landlord agreed to the following:
   1. The resident’s front door to be painted in a colour of their choosing.
   2. Ensure that the resident’s contact preferences would be put in a prominent place on file.
   3. To arrange a meeting to discuss compensation for damage to the resident’s garden.
   4. That all tenants should receive information about the cyclical programme on a weekly basis.
   5. To compensate the resident for the damage to their storage box.
   6. To pay £300 in compensation for the missed appointments.
6. The landlord did not agree that they were responsible for the mice infestation.
7. In February 2020, the resident contacted this Service to say that they had not received the final response from the landlord. This Service contacted the landlord and asked them to get in touch with the resident.
8. The landlord sent another copy of their final response on 19 February 2020.
9. On 6 May 2020, this Service sent a copy of our complaint form to the resident’s partner, as requested during a phone conversation.
10. On 9 February 2021, the resident’s partner sent the complaint form back along with a copy of the final response letter and details of the outstanding issues.

Reasons

11. Paragraph 39.a. of the Scheme states that The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.
12. While the resident has acknowledged that the landlord has completed works on their front door, they have expressed concern with contact received since this was completed. The resident may wish to bring a new complaint to the landlord regarding this issue, as the initial complaint regarding the painting of the door has been resolved.
13. The resident also raised some concerns regarding repairs to their back door, a leak and some drain repairs. I can’t see that this was considered in the resident’s complaint to the landlord, so I would suggest that these concerns are raised as a new complaint through the landlord’s complaints process.
14. In accordance with paragraph 39.a. of the Scheme, this Service cannot consider the resident’s complaint as these issues have not been addressed through the landlord’s complaints procedure.
15. Paragraph 39.d. of the Scheme states that The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.
16. The time restriction is in place to enable this Service to investigate complaints as quickly as possible. As more time passes, it becomes more difficult to thoroughly investigate a complaint. This is because we may not be able to obtain all the relevant information after an extended period of time, and both resident and landlord recollections may no longer be as reliable.
17. The final response letter was issued on 27 January 2020.
18. The resident contacted this Service in February 2020, and we arranged for the landlord to reissue its response to the resident. In May 2020, the resident requested that this Service send a copy of its complaint form. The resident did not ask the Ombudsman to investigate the complaint at this time.
19. We received no further contact from the resident until 9 February 2021, when they asked the Ombudsman to investigate their complaint. This was more than twelve months after the landlord’s final response was issued in January 2020.
20. In accordance with paragraph 39.d. of the Scheme, this Service cannot consider the resident’s complaint as it was referred to us more than 12 months after the landlord’s final response letter.