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One Housing Group Limited (202014275)

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REPORT

COMPLAINT 202014275

One Housing Group Limited

13 April 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 at the property.

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 is a leaseholder of the landlord and owns a 40% share of the property. They brought a complaint to the landlord that the level of rent at their property was too high. The resident explained that the lease for a neighbouring property was drawn up at the same time as their property, they believed that the level of rent for the neighbour’s property was lower than their own.
  2. The landlord issued its response to the complaint on 23 November 2020. It explained that the level of rent was set out in the particulars of sale when the resident purchased their property. The landlord explained that the details in other properties leases may vary from the resident’s lease. It did not uphold the complaint, stating that rent was charged to the resident as set out in their lease.
  3. The Housing Ombudsman was provided a copy of the final response on the 15 February 2021. In their contact with service, the resident explained that their complaint concerns the level of rent which they think is too high, stating that they believe a neighbour is paying less for an identical property. In an email to the Service on the 22 March 2021, the resident confirmed that the resolution they are seeking is for their rent to be set at the same level as their neighbour and compensation for the difference in amount since they moved into the property.

Reasons

  1. Paragraph 39(i) of the Scheme states that:

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion 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. The resident confirmed on the 22 March 2021 that the complaint concerns their level of rent, which they consider to be unfair. Disputes about whether a leasehold agreement sets an unfair level of rent, require a binding decision from the Court or Tribunal.
  2. I am therefore satisfied that, in accordance with paragraph 39(i) of the Scheme, this complaint is not one which the Ombudsman can investigate further.
  3. The resident may wish to seek independent legal advice to help them assess and clarify this issue.