Peabody Trust 2018 (202004754)

REPORT

COMPLAINT 202004754

Peabody Trust 2018

4 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 is about the landlord’s response to the Resident’s compensation request for damage to their flooring following a leak.

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. Sometime in 2018, the Resident requested a repair for the heating system in the property, and the landlord attended to this repair in June 2018.
5. The Resident then submitted a formal complaint to the landlord about the damage to their flooring, which they believed was caused by the landlord’s contractors while the repair to the heating system was being carried out.
6. The landlord issued its final response to the complaint on 7 May 2019. It concluded that it would not consider compensation for any damage to the Resident’s flooring, as there was no evidence to suggest that the leak was caused by its contractor.
7. Thereafter, the Resident submitted a claim for compensation through the landlord’s insurance policy, a separate process to the complaint procedure. It is unclear from the information we have received, what the outcome of this claim was.
8. On 21 August 2020, the Resident brought their complaint to this Service and explained that they had made an insurance claim but felt that the landlord’s insurers didn’t want to take responsibility for the damage.

Reasons

9. 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.
10. The landlord issued its final response to the complaint on 7 May 2019 and at the time, provided the Resident with information about how they could pursue their complaint with this Service if they were not satisfied with the outcome. However, the complaint was not brought to this Service until 15 months later.
11. In accordance with paragraph 39(d) of the Scheme, this Service cannot consider the Resident’s complaint, as it was brought to the Ombudsman more than 12 months after it exhausted the landlord’s complaint procedure.