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One Housing Group Limited (202004761)

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REPORT

 

COMPLAINT 202004761

One Housing Group Limited

23 December 2020


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 concerns whether or not the resident is liable to pay a rent increase.

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 submitted enquiries via their MP before bringing a complaint to their landlord concerning a dispute about a rent increase.
  2. The landlord’s position is that the rent increase was applied in February 2017 and that the resident has paid the amount requested since its application. The resident states that they were not informed of the rent increase until 2019 and had a historical practice of overpaying their rent to create a surplus on their account. The resident expected the landlord to reimburse them for any payments made towards the disputed rent increase.
  3. The landlord sent its final response to the resident’s complaint on 11 June 2020. It set out that it was satisfied that the rent increase was valid and that the resident was liable for the rent paid. However, it accepted that there had been some service level issues in how it handled the increase and subsequent queries and offered compensation.
  4. The resident brought their complaint to this Service in August 2020. They explained that they dispute the landlord’s findings, stating that they did not receive notification of a rent increase until July 2019 and, therefore, do not believe that it is enforceable prior to this.

Reasons

  1. The Housing Ombudsman Scheme sets out the type of complaints which this Service can and cannot consider. Paragraph 39 (g) and (i) set out that

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

g. concern the level of rent or service charge or the amount of the rent or service charge increase;

i. concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure;

  1. As this complaint concerns the level of rent at the property, I am satisfied that in accordance with paragraph 39 (g) of the Scheme, it is not within the Ombudsman’s jurisdiction to consider further.
  2. There is also a dispute about the resident’s liability to pay the rent increase, and about whether this was done according to the terms set out in the tenancy agreement. This would be a matter for the Court or First-tier Tribunal (Property Chamber) to consider.
  3. If the resident wishes to pursue the matter further, they may wish to seek their own independent legal advice. They may also wish to contact:

Citizens Advice:

www.citizensadvice.org.uk

0800 144 8848

 

First-tier Tribunal (property-chamber)

https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber