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Peabody Trust (202007376)

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REPORT

 

COMPLAINT 202007376

Peabody Trust

19 January 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 relates to the landlords handling of a heating dis-repair issue.

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. 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. On 18 October 2020, the resident contacted this Service for assistance with her complaint concerning issues with her hot water and heating. The resident explained that the issues had been ongoing since 2019 and that although the hot water had been fixed, she remained without heating. We then wrote to the landlord requesting that it contact the resident to discuss her complaint in-line with its complaints procedure.
  2. On 20 October the landlord responded to this service to explain that the resident had initiated a legal dis-repair claim against it and stated that court proceedings had been issued. In response, our service requested evidence of this.
  3. On the 14 November, the resident contacted our service to advise us that she would be taking legal action for disrepair.
  4. On 18 November, the landlord provided us with evidence that it had filed a defence to a counterclaim submitted by the resident concerning disrepair at the property.

Reasons

  1. Paragraph 39(h) of the 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 those proceedings.
  2. As both parties have confirmed to this service that legal action has been initiated,  I am satisfied that, in accordance with Paragraph 39 (h) of the Scheme, this complaint is not within the jurisdiction of the Ombudsman to consider.